Facts

Stephen Colucci sued T-Mobile USA Inc. and Brian Robson, in relation to an employment dispute.

Brian Robson was not a party at the trial of this matter. A demurrer was brought on his behalf at the inception of the case, and he was dismissed with prejudice from the action.

PLAINTIFF'S CONTENTIONS: Plaintiff began working for T-Mobile in 2007 as a store manager of a T-Mobile retail store. Plaintiff alleges that despite having consistently received favorable performance evaluations, T-Mobile terminated him just after he made complaints of discrimination and harassment directly to his supervisor and informed of his intent to take disability leave. Plaintiff claimed that his medical condition was known to his supervisors and that he had requested workplace accommodation. However, plaintiff claimed his supervisors thought plaintiff's mental illness and requested accommodation were ridiculous. Plaintiff's supervisor elected to terminate plaintiff within hours of his direct complaints of discrimination and that decision was ratified by T-Mobile Human Resources. T-Mobile's stated reason for termination, a purported conflict of interest, was not based on any verifiable evidence. Plaintiff argued that he was not interviewed as part of the investigation into the alleged conflict of interest.

Plaintiff asserted claims for FEHA violations, including retaliation, disability discrimination, failure to prevent discrimination or retaliation and a claim for nonpayment of wages.

DEFENDANTS' CONTENTIONS: Defendants contended it terminated plaintiff following a thorough, good faith investigation that confirmed his violation of the T-Mobile Conflict of Interest Policy. This constituted a legitimate, non-discriminatory and non-retaliatory reason for his termination.

Settlement Discussions

Plaintiff made a CCP 998 demand for $1,250,000. Defendant made a CCP offer for $75,000 just before trial.

Damages

Plaintiff's economist calculated $130,272 in past economic loss and $189,770 in future economic loss, all of which was awarded by the jury. Plaintiff sought $500,000 in past non-economic damages and $300,000 in future non-economic damages. The jury awarded all but $100,000 of the future non-economic damages requested.

Result

The jury rendered a verdict in Colucci's favor on his FEHA retaliation and failure to prevent causes of action and awarded him $130,272 in past economic loss, $189,770 in future economic loss, $500,000 in past non-economic damages, $200,000 in future non-economic damages, and $4 million in punitive damages. Plaintiff was awarded a total of $5,020,042. The jury rendered a verdict in favor of T-Mobile as to plaintiff's claims for disability discrimination and his claims for various wage and hour violations involving claims of unpaid overtime, failure to provide meal and rest periods and related penalties.

Other Information

T-Mobile intends to filea motion for judgment notwithstanding the verdict and to appeal the verdict if necessary. Plaintiff will file a motion for attorney fees and a cost bill following the entry of judgment.

Deliberation

3.5 hours (30 minutes for punitive damages)

Length

15 days