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Employment Law
Wrongful Termination

Rosemarie Sciortino v. The Austin Company, et al.

Published: Oct. 2, 1993 | Result Date: Jun. 1, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 682620 –  $0

Judge

David H. Brickner

Court

Orange Superior


Attorneys

Plaintiff

Kristin Hoel

Margaret S. Henry


Defendant

John D. Buchanan

Jacqueline Redin Klein


Facts

The Plaintiff was formerly employed as the personnel administrator in Defendant's Western District office. After four and one half years of employment, Plaintiff, age 64 years, was allegedly terminated for failure to adequately perform her job duties and for an explicit lack of loyalty to the company. The Plaintiff filed an action alleging wrongful termination in breach of employment contract, breach of the implied covenant of good faith and fair dealing, quid pro quo sexual harassment, age discrimination, and retaliation. Plaintiff claimed Defendant tried to overwork her to force her to quit because of her age. She further alleged she was sexually harassed. Plaintiff claims that, after she complained of discrimination and harassment, she was fired. Defendant contended that Plaintiff had behaved in a hostile and insubordinate manner that created, in management's mind, a lack of trust in the Plaintiff and a question regarding her loyalty to the company. It was asserted that these shortcomings were fatal to her employment in the confidential position she held. Defendants denied any discriminatory or retaliatory intent and denied that the acts which the Plaintiff alleged were sexual harassment, ever occurred.

Settlement Discussions

Defendants contend they made no offer and Plaintiff's last settlement demand was $500,000.

Specials in Evidence

$500,000

Damages

Plaintiff claimed past and future loss of earnings of $500,000 and requested punitive damages.

Injuries

Emotional distress valued at $300,000.

Deliberation

1 day

Poll

varied

Length

24 days


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