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Employment Law
Wrongful Termination
Unsafe Work Environment

Kristine Peralta v. CNE Home Health Services Inc.

Published: Aug. 17, 2013 | Result Date: Jun. 10, 2013 | Filing Date: Jan. 1, 1900 |

Case number: RIC1108860 Verdict –  $19,635

Court

Riverside Superior


Attorneys

Plaintiff

Caesar S. Natividad


Defendant

Christopher P. Wesierski
(Wesierski & Zurek LLP)

Mary E. Bevins
(Wesierski & Zurek LLP)


Facts

In January 2011, Kristine Peralta, a nursing coordinator for CNE Home Health Services Inc., stopped going to work. She claimed that she stopped going to the company's office due to a mold condition that was discovered there. She was then sent a letter of termination.

Peralta sued CNE, alleging that its actions constituted wrongful termination because she was laid off for refusing to go to work in an unsafe work environment.

Contentions

PLAINTIFF'S CONTENTIONS:
Peralta claimed that the mold condition was discovered in 2011 and employees were informed that they did not have to report to work if they did not feel comfortable working in that environment. While she checked in occasionally to see if the condition had been remedied, she stayed home when she learned it hadn't changed. She then received a termination letter.

DEFENDANT'S CONTENTIONS:
CNE claimed that Peralta voluntarily resigned from her position.

Damages

Peralta sought $14,000 in damages for past lost earnings.

Result

The jury awarded Peralta $19,600.

Deliberation

one day

Poll

10-2

Length

five days


#93683

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