Facts

Ellen Beller was hired as a general manager of Sonnen Porsche as an "at-will" employee in January 2006. She claimed that although she initially applied to hold the position for the Sonnen Porsche dealership only, she agreed to undertake the management responsibilities for the VW/Audi dealership as well after Sonnen terminated its GM affiliation at that dealership. She also assisted in the business office.

In the fall of 2006, the owner, Peter Sonnen, claimed that he became increasingly concerned about Beller's management capabilities. He claimed to have received complaints about her management style, attendance, and appearance. He began counseling Beller and sent her an email in February 2007 with regard to her performance issues and absences. Beller decided to resign her position after reviewing the email and sued Sonnen and Sonnen Motorcars LLC alleging gender discrimination, sexual harassment, disability discrimination, retaliation, failure to accommodate, failure to engage in an interactive process, bad faith, and constructive discharge resulting in breach of a written or oral employment contract.

PLAINTIFF'S CONTENTIONS:
Beller contended that Sonnen made inappropriate comments of a sexual nature from the beginning of her employment. She contended that Sonnen became hostile toward after he was able to find another employee to take on the GM position at the VW/Audi dealership since he was no longer as dependent on her for the dealership and business office. She complained to Sonnen about his conduct, but instead he began to criticize her, thereby creating a hostile work environment. This resulted in her falling ill, and she was reprimanded for needing time off due to her illness.

DEFENDANTS' CONTENTIONS:
The defendants contended that Beller was not subjected to gender discrimination or a hostile work environment and that she was not subjected to a constructive discharge because she voluntarily quit her position. He contended that it was her inability to take constructive criticism that led her to voluntarily quit. Sonnen further contended that Beller failed to establish an actionable "physical disability" or "medical condition" for her alleged disability discrimination claims.

Damages

Beller sought $154,000 for loss of earnings.

Injuries

Beller alleged that she suffered from emotional distress and loss of earnings including salary and commissions as a result of her constructive discharge.

Result

The matter proceeded to arbitration. The arbitrator found for the defense as to all of Beller's claims.