Facts

Plaintiff Miresha Flowers filed suit against her former employer, Therapeutic Living Centers for the Blind Inc., in relation to the termination of her employment.

PLAINTIFF'S CONTENTIONS: After nearly 20 years of employment, plaintiff was terminated on Christmas Eve of 2015 while at home recuperating from a surgical procedure. While plaintiff was recovering, defendant Therapeutic Living Centers for the Blind Inc. conducted an investigation and reached the conclusion that plaintiff abused the consumers she had been caring for and published said statements. The alleged abuse consisted of taking an iPod from one consumer and depriving another consumer of a hot lunch and a piece of birthday cake. At the time, plaintiff was making $10.80 per hour and lived in a one bedroom apartment with her daughter on the company premises.

Plaintiff claimed that she did not abuse the consumers she had spent caring for her entire adult life. Rather, defendant terminated her due to her request for and taking of protected medical leave. During deposition, defendant admitted that the alleged acts did not constitute abuse, and if they did, each of its employees would have to report such incidents to an outside agency as mandated reporters. Further, defendant conducted a rushed, results-driven investigation, which violated its policies and procedures in place designed to protect its employees.

DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff had a history of performance issues and it conducted an investigation that unveiled that plaintiff had been violating consumer rights in violation of its policies and state and federal laws. The termination was not due to plaintiff's medical issues.

Insurer

RSUI Indemnity Company

Settlement Discussions

The parties attended early mediation, which was unsuccessful.

Injuries

Plaintiff claimed damage to her reputation, loss of wages and significant emotional distress.

Result

Defendant submitted a CCP 998 offer for $209,145 plus reasonable attorney fees and costs, which plaintiff accepted. The court awarded plaintiff $21,186 as costs, and $267,750 in attorney fees.