Facts

The plaintiff is Edward Cipolletti. He began working for the defendant, Top Robin Ventures Inc., in February 1995 as a manager trainee. The plaintiff was promoted to the position of general manager of the defendant's Red Robin restaurant in Bakersfield. He held the position until July 2001, when he gave his notice of resignation to take a job with Roadhouse Grill. Top Robin filled the general manager job opening in Bakersfield. After the plaintiff resigned, he re-applied for his position in the Bakersfield restaurant, which had already been filled. As a favor to the plaintiff, Top Robin hired the plaintiff for a new Red Robin restaurant opening in Ventura. Top Robin was under the impression that the plaintiff and his family would be moving to Ventura.
The Red Robin in Ventura opened in November 2001. The plaintiff began working there. The plaintiff's family stayed in Bakersfield. The plaintiff lived by himself in Ventura on the days he worked. Because of his family and his commute back and forth to Bakersfield, the plaintiff started working only four days a week.
In the last year of the plaintiff's employment, he began to have health problems due to his pancreatitis. The plaintiff was never prevented from visiting his doctor or from obtaining medical treatment. Top Robin did not take action relating to the plaintiff's absences from work. It merely held his position open. It continued paying his salary without deduction for the days the plaintiff was off work. Top Robin did not charge the plaintiff vacation or sick time for his significant absences from work.
The plaintiff was advised that he would be able to return to work without limitation. The plaintiff informed his employer of this. The plaintiff met with Earl Soller, one of the Top Robin owners, about his return-to-work schedule. Their conversation entailed trying to figure out the best way for plaintiff to resume his job duties. During the conversation, the plaintiff indicated he felt his health was his priority. As a result, residing in Ventura by himself was not helping his condition. The plaintiff decided that the best thing for him would be to move back to Bakersfield, get healthy and find another job. He wanted the option of returning to Top Robin if a position in the Bakersfield Red Robin was available. The plaintiff's vacation and bonus pay were computed, and he received a check. Top Robin offered to keep him on the payroll under the theory that it is easier to get a job when you have a job. Top Robin even gave him the bonus even though employees usually do not get them if they do not remain through the end of the year. Top Robin conceded that it would not protest if the plaintiff applied for employment benefits, and, in furtherance of this promise, defined his separation as "mutual." The plaintiff left Soller's office in a good mood. After he left Top Robin's employment, the plaintiff contacted some Top Robin employees at different times to talk about potential jobs in Bakersfield. At the plaintiff's request, Scott Soller, another Top Robin owner, provided the plaintiff with a recommendation in writing. The recommendation included language that he had accepted the plaintiff's resignation with regret.

PLAINTIFF'S CONTENTIONS:
The plaintiff filed a claim with the California Department of Fair Employment & Housing (DFEH), in which he alleged that he was terminated from his job as a general manager because he was "too unhealthy to work." The plaintiff then filed an amended discrimination complaint with the DFEH, adding that he was denied medical leave and reinstatement.
The plaintiff filed a complaint against Top Robin for wrongful termination and denial of medical leave, in violation of Government Code Section 12945.2, and discrimination based on physical disability in violation of Government Code Section 12940.
The plaintiff claimed the defendant violated Government Code Section 12945.2(a). This section indicates that it is unlawful to refuse to grant a request by an employee with more than 12 months of service and who has at least 1,250 hours of service during the previous 12 months, to take up to a total of 12 work weeks in any 12-month period for family care or medical leave. The plaintiff further claimed he was terminated due to his disability, in violation of Government Code Section 12940(a). This section provides that it is unlawful for an employer to discharge a person from employment because of disability. The plaintiff contended his disability was chronic pancreatitis.

DEFENDANT'S CONTENTIONS:
The defendant extended an offer to reinstate the plaintiff in management in the Bakersfield restaurant. The benefits and pay would have been the same. This offer was not contingent on the plaintiff dropping his claims. The plaintiff declined the offer because he wanted a career change into real estate.
The defendant argued the plaintiff voluntarily resigned. The plaintiff never requested accommodations or time off for family care or medical leave that was not granted by Top Robin. The plaintiff admitted in his complaint that he was capable of returning to work without problem after many hospitalizations. He also admitted he was allowed to take time off from work. Further, he conceded that he received his full compensation during the time he was off work.
The plaintiff's expert testified to the plaintiff's depression and post-traumatic stress disorder. The expert contended that the plaintiff's prior depression, family situation and alcoholism were not contributory factors.
The defense expert testified that the plaintiff's history of alcoholism and related problems resulted in any mental disorder the plaintiff had after he left Top Robin. Another defense expert testified that any lost earnings ended when the plaintiff declined Top Robin's offer of reinstatement. He also testified that the plaintiff was earning more in the real estate business.

Settlement Discussions

There was a demand for approximately $750,000, and an offer for approximately $50,000, which was the cost of the defense.

Specials in Evidence

$104,000 $391,349

Damages

The claimed damages included past and future medical expenses, emotional distress, punitive damages and attorney fees per Government Code Section 12900 et seq. The defendant contested liability, but argued that the plaintiff's claimed damages, without regard to liability, were cut off as of the time the plaintiff was offered reinstatement. The rejection of an employer's unconditional job offer ends the accrual of economic damages for a plaintiff. If the plaintiff had accepted the offer, he would have been the general manager of the Bakersfield restaurant. He would have earned exactly what he was earning at the time he resigned, if not more. The plaintiff cannot establish any excessive hostility on the part of the defendant in respect to his voluntary resignation or this lawsuit. Further, the plaintiff was and is earning more in his real estate career than he did at Top Robin.

Injuries

The claimed injury was emotional distress.

Result

Judgment is for the defense.

Deliberation

two hours

Poll

11-1

Length

4.5 days