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Employment Law
Sexual Harassment
Wrongful Termination

Dunlap v. COMPUSA Inc.

Published: Dec. 9, 2000 | Result Date: Aug. 1, 2000 | Filing Date: Jan. 1, 1900 |

Case number: CV9901725GF Verdict –  $0

Judge

Gary A. Feess

Court

USDC Central


Attorneys

Plaintiff

John L. Simonson


Defendant

Robert D. Vogel
(Jackson Lewis PC)

Heather A. Cook


Facts

The plaintiff, a 28-year-old female manager, claimed she was fired in 1997 in retaliation for helping a female
subordinate bring a claim for sexual harassment against the male store manager. The plaintiff claimed the
defendant terminated the 18-year-old cashier after the plaintiff made known to management the cashierÆs
claims of unwanted and offensive conduct towards her by her married store manager.
The plaintiff claimed she was fired some months later when the store manager discovered she was involved in
the complaint against him. Over the course of one week, after five years of employment, the plaintiff received a
written warning, a 5-day suspension and was fired in part, she claimed, by the store manager for one incident
of insubordination.
The defendant contended that the plaintiff was terminated for insubordination and related misconduct and that
neither the alleged harasser nor regional human resources staff were actively involved in the events and
decisions culminating in the plaintiffÆs discharge.

Settlement Discussions

The plaintiff demanded $350,000, reduced to $125,000 during mediation before Magistrate Judge Carolyn Turchin. The defendant offered $30,000.

Damages

DAMAGES: The plaintiff suffered actual lost wages of about $50,000 and gained higher-paying employment thereafter.

Other Information

The court granted the defendantÆs motion for nonsuit on the emotional distress claim on a finding that the plaintiff did not provide evidence of such suffering.

Deliberation

four hours

Length

three days


#94705

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