Confidential
Settlement – $80,500Facts
Plaintiff, a 31-year-old full-time shipping and receiving clerk at a small electronics company, was injured at her weekend job on October 2, 1993. She was seen in the emergency room. Her shoulder was immobilized with a sling and she was told to be off work and return to the hospital Thursday, October 7. She reported her absence to her full-time employer, the Defendant, on Monday, October 4. She was seen again October 7, at the hospital and told an orthopedic referral would be required. When she did not provide a return-to-work date to her employer, she was fired on Friday, October 8, after missing 5 days of work. Plaintiff had been employed by Defendant 3 years at the time of her termination. Plaintiff filed for workers' compensation and state disability and did not work for 14 months.
Settlement Discussions
Plaintiff contends her initial demand was $60,000; and her 998 demand was $14,990 plus attorney fees and costs; and Defendant made a 998 offer in the amount of $3,000. Defendant contends Plaintiff reduced her demand to a 998 in the amount of $14,999.
Specials in Evidence
$23,978 (per Plaintiff) $4,119 (per Defendant)
Damages
Lost wages and unspecified medical specials resulting from cancellation of medical and dental insurance.
Injuries
Emotional distress.
Result
This settlement was reached following a jury verdict in the amount of $15,500 for compensatory damages under California Family Rights Act and a finding 11-1 that Defendants would also be liable for unspecified punitive damages. The verdict was in favor of Defendant on wrongful termination to avoid compliance with the CFRA. The $15,500 verdict included $9,478 for lost wages; $1,020 for lost benefits; and $5,000 for emotional distress.
Other Information
Plaintiff dismissed her cause of action for sex discrimination on the first day of trial. The denial of leave occurred 3 days after the effective date of the amendments to the California Family Rights Act, Government Code Section 129452, which harmonized state law with the Federal Family and Medical Leave Act, providing for an employee's right to leave for treatment of her own serious medical condition. This case was filed on June 22, 1994; ten and one-half months prior to this result.
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