Facts

Plaintiff Daniel Hernandez worked for an auto body repair company. He was hired in November 2014, and terminated in January 2018. Plaintiff sued for wage and hour violations, national-origin discrimination/harassment, retaliation in violation of Labor Code 1102.5, and wrongful termination in violation of public policy.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendants subjected plaintiff to discrimination and harassment on the basis of national origin. Plaintiff contended that defendants failed to properly pay plaintiff all of his wages, subjected plaintiff to unsafe working conditions including chemical exposure, and forced workers to participate in illegal dumping of motor oil, coolant, and hazardous paint chemicals. Plaintiff contended that defendants subjected plaintiff to severe and pervasive harassment in the workplace which consisted of screaming, cursing, ridiculing, physical intimidation, and racial epithets. After years of abuse, plaintiff began having panic attacks. In May 2017, plaintiff was hospitalized due to the panic attacks. Plaintiff contended that after his hospitalization he engaged in protected activity and began reporting and complaining to defendants about defendants' unlawful workplace practices on a weekly basis. Plaintiff contended that he refused to participate in the illegal dumping. A few months later, defendants contacted their HR Consultant to find out how to terminate a "bad apple" employee. One month after that, plaintiff received his first write up in three years of employment. He was terminated a couple months thereafter. Plaintiff claimed that defendants retaliated against him and terminated him because of his national origin and for engaging in protected activity.

DEFENDANTS' CONTENTIONS: Defendants alleged that they properly compensated plaintiff and provided plaintiff with all protective equipment needed to perform the job. Defendants denied all claims of discrimination, harassment, and retaliation in the workplace. Defendants contended that plaintiff's termination was lawful.

Settlement Discussions

Plaintiff made a CCP 998 demand for $399,000. Defendant made a CCP 998 offer for $30,000.

Result

The jury unanimously returned a verdict in favor of plaintiff on all 15 causes of action. The jury awarded plaintiff $3,065,000 which comprised of $35,000 for wage and hour claims, $80,000 for past economic loss, $400,000 for future economic loss, $350,000 for past non-economic damages, $1 million for future non-economic damages, and $1.2 million in punitive damages.

Deliberation

approximately 2 hours 30 minutes

Length

five days