Facts

Occupational Health Centers of California employed plaintiff Marilyn Buron, 71, as an occupational therapist. Concentra Health Services, Inc. was the contracted management company. Plaintiff alleged the two defendants jointly employed plaintiff or were, in fact, an integrated enterprise.

In late 2020, plaintiff's adult disabled son fell ill and had to undergo emergency, life-saving surgery. Plaintiff was forced to take a leave of absence from her job to care for her son. That leave of absence was protected under the California Family Rights Act (CFRA). While plaintiff was on job-protected leave, defendants, including executives of Concentra made the decision to terminate Plaintiff's employment contract. They then replaced her with a less qualified occupational therapist who was 41 years younger than plaintiff. Defendants did not inform plaintiff of their decision to terminate her contract until she returned from leave over a month after the decision was made. When plaintiff returned to work, she was relegated to seeing fewer patients and performing menial tasks.
Plaintiff alleged that defendants interfered with her right to take job-protected CFRA leave, discriminated against her on the basis of her association with a disabled person, discriminated against her on the basis of age, and retaliated against her for opposing the unlawful termination.

PLAINTIFF'S CONTENTIONS: Plaintiff, at the time a 69-year-old certified occupational hand therapist, alleged she was replaced by a less qualified 28-year-old while on approved CFRA leave to care for her adult disabled son who had to undergo emergency surgery. Plaintiff alleged the decision to terminate her employment contract was based on her relationship with her disabled son, her age and her use of CFRA leave to care for her son. Plaintiff asserted claims for violation of her CFRA leave of absence rights, age discrimination, association disability discrimination and retaliation.

DEFENDANT'S CONTENTIONS: Defendants Occupational Health Centers of California and Concentra Health Services, Inc. denied all allegations. Defendants claimed plaintiff refused to work a full-time schedule in response to a request from her supervisor weeks before she went on her leave of absence. Defendants claimed plaintiff's employment contract was terminated and she was placed in an "as needed" role to accommodate her desired work schedule.
Defendant contended plaintiff found a new job only four months later working the exact schedule that defendants claimed she wished to work when she allegedly refused to work full-time, prior to taking her leave of absence.

Settlement Discussions

Plaintiff made a final demand of $1.5 million, inclusive of fees and costs, about 18 months before trial.

Injuries

Plaintiff claimed past and future garden variety emotional distress damages, primarily focused on embarrassment, humiliation and anxiety.

Result

Plaintiff's verdict for $9,372,000 ($1,560,000 non-economic damages; $1,560,000 general damages; $7,810,000 punitive damages).

Deliberation

one day (general damages), two hours (punitive damages)

Length

14 days