Facts

On April 11, 2005, plaintiff Nichole Hoffman was hired by 10520 Wilshire Owners' Association, a homeowners association, as a general manager for the Dorchester, a high-rise luxury condominium building. While employed by the association, plaintiff's starting salary was $62,000 with annual increases until 2009 ending with an $80,000 annual salary with two weeks vacation, sick pay, and six holidays.

Between Oct. 5, 2009, and her Nov. 11, 2009 termination, plaintiff allegedly refused to provide the President of the Board of Directors with daily reports, which she had submitted for over a year. The president orally and by email asked plaintiff several times to provide her daily reports. She allegedly failed to do so.

On Oct. 14, 2009, plaintiff allegedly backdated the "clock-in" time of another Dorchester employee (with whom it was believed plaintiff was involved in a personal relationship). After the president mentioned to plaintiff that he knew when the employee actually arrived, plaintiff changed the time clock back to the correct time. Plaintiff claimed that she changed the time by clicking "ok" and changed the clock back after she realized her mistake.

Plaintiff allegedly again violated the association's rules and regulations when she advertised and permitted an open house to occur in an owner's unit in the building. When the president and another board member questioned plaintiff about the open house, plaintiff responded that the broker was showing the property by appointment and therefore, the event was not an open house. Both board members instructed her to cancel the event. She allegedly refused. Afterwards, one board member emailed plaintiff that he "could not be more angry or disappointed."

In late September 2009, plaintiff allegedly began to bring a puppy to work. This was prohibited under the Employee Handbook but the president made a temporary exception. On Oct. 7, 2009, plaintiff was told that she was no longer allowed to do so beginning Oct. 21, 2009.

On Nov. 11, 2009, plaintiff was terminated.

Plaintiff brought this action against defendant based on race and sex discrimination, retaliation for complaints of harassment, wrongful termination in violation of public policy, defamation, sexual harassment, negligent hiring, retention and supervision, failure to pay wages, violation of the right to privacy, breach of express and implied-in-fact contract, and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that despite signing an at-will employment agreement, the board was in breach of an oral contract to terminate her for cause. She claimed that defendant failed to pay her all wages at the time of her termination. Plaintiff alleged that the association invaded her right to privacy by obtaining information about her personal life, without her consent.

DEFENDANT'S CONTENTIONS:
Defendant denied any discriminatory or retaliatory animus and claimed that plaintiff was terminated solely for her exceedingly poor performance and repeated acts of insubordination. The association also argued that plaintiff was always an at-will employee who signed an at-will employment agreement. Defendant argued that it fully complied with its obligation to pay plaintiff wages owed. Defendant further denied ever questioning any employee about plaintiff's sex life.

Settlement Discussions

Plaintiff demanded $2 million. Defendant offered $5,000. During trial, plaintiff's demand dropped to $675,000, and $375,000.

Result

Defense verdict on discrimination, retaliation, wrongful termination, failure to pay wages, invasion of privacy, and intentional infliction of emotional distress claims. Defendant's motion for nonsuit was granted as to the breach of express and implied-in-fact contract claim. Defendant's motion for summary adjudication was granted as to the harassment and defamation claims. Plaintiff voluntary dismissed her claim for negligent hiring, retention, and supervision.

Other Information

FILING DATE: Dec. 14, 2009.

Length

nine days