Facts

In 1991, Trendwest Resorts, Inc. hired J. Steven Wiley. He sold timeshare interests and became sales manager at the company's Walnut Creek office. In 2003, Wiley met with the company's attorneys and disclose his knowledge of facts surrounding a co-worker's age discrimination claim. Wiley provided information that favored the co-worker against Trendwest. On Aug. 11, 2004, Wiley's employment with Trendwest was terminated.

On Sept. 22, 2005, along with 10 other plaintiffs, Wiley sued Trendwest, now know as WorldMark by Wyndham, claiming that the company retaliated against him for favoring his co-worker in the lawsuit. The litigation was very hotly contested, with many discovery disputes and several days of deposition. Defendants moved for summary judgment against all ten plaintiffs. Some claims were dismissed; others proceeded to trial. To date, only Wiley's claims have been tried.

PLAINTIFF'S CONTENTIONS:
Wiley primarily claimed that he was retaliated against for supporting his co-worker's age discrimination lawsuit, and alleged age, disability discrimination and public policy violations. Wiley claimed that after he had provided information that favored his co-worker's age discrimination claim, a series of contracts, reprimands, threats, and efforts to get him fired were made. Wiley also claimed that attempts were made to intimidate him into not giving adverse deposition testimony. He was deposed over three days. Furthermore, Wiley claimed that top management in Redmond, Washington, got involved and changed Wiley's job duties, and threatened him again. By this time, Feb. 12, 2004, plaintiff had become very stressed. His doctor placed him on medical leave. Meanwhile, Wiley claimed that two new managers expressed that they did not want Wiley back. At a large employee gathering in June 2004, Wiley claimed that one of the managers declared that employees who take medical leave were not welcome back, and would be demoted or terminated. On Aug. 11, 2004, plaintiff was terminated while still out on leave. The stress aggravated his diabetes, and, eventually, plaintiff was permanently disabled.

DEFENDANT'S CONTENTIONS:
The defense denied Wiley's claims. Defendants took the position that Wiley was not discriminated against or retaliated against, but was treated the same or better than his co-workers and his management. Defendants further claimed that Wiley's allegations were not supported by the evidence, and his claims suffered from fatal legal flaws, namely that the majority of Wiley's claims are time barred by the applicable statute of limitations.

Damages

Wiley estimated damages at $2.3 million.

Injuries

Wiley claimed economic damages of back pay and front pay, aggravation of a preexisting condition, and emotional distress.

Result

The jury awarded the plaintiff $1,000,000, solely on his retaliation claim, for past and future wage loss. No damages were awarded for emotional distress, and all other claims were dismissed.

Other Information

POST TRIAL MOTIONS: Plaintiff brought a motion for new trial seeking additional damages for emotional distress. Plaintiff will file an application for an award of attorney fees, estimated to be $ 4 million. The defense filed motions for JNOV and new trial, both on the finding of liability for retaliation and on the grounds that the $1 million award of economic damages is excessive. The defense's motions for JNOV and new trial, and the plaintiff's motion for new trial were denied in a hearing held on May 28, 2009. Defendants intend to appeal the judgment.

Deliberation

2.5 days

Length

21 days