Facts

Plaintiff Gloria Beltran, 50s, worked as an office manager at the family medicine office of defendant Dr. Daniel Jardini. Since she started working with defendant in 1994, she and defendant had open and straightforward discussions about work. The plaintiff claimed she was terminated in July 2003 during one such discussion.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued the defendant, claiming wrongful termination. She alleged the termination was in retaliation and in violation of public policy. The plaintiff also alleged violation of Business and Professions Code Section 17200. She contended she was terminated for demanding to be paid overtime in the future if she worked overtime.

DEFENDANT'S CONTENTIONS:
The defendant denied the plaintiff's allegations. He admitted that he stated, "You're fired," but insisted that he retracted the statement and re-offered the plaintiff her job a few minutes later. The defendant asserted that it was the plaintiff's decision to leave her position and opined that she wanted to be fired. He further contended that the discussion leading to plaintiff's termination had nothing to do with overtime. He stated the office manager position, which included the power to make decisions about the office's operation, was a managerial level job. Thus, the plaintiff was not entitled to overtime. This contention was supported by testimony from the current office manager and two former employees.

Settlement Discussions

The plaintiff's demand at trial was $32,500; defendant's offer was $15,000 (C.C.P. Section 998).

Damages

The plaintiff asked for approximately $9,000 in closing arguments. The defense disputed damages and injuries, noting that the plaintiff failed to offer proof that she worked overtime or received treatment for her depression.

Injuries

The plaintiff claimed she suffered from depression and sought $25,000 to $100,000 for her pain and suffering.

Result

The jury found in favor of defendant, finding no retaliation and no overtime due to plaintiff.

Other Information

Defendant was awarded costs of $5,500.

Deliberation

one hour

Poll

10-2 (rejecting retaliation), 11-1 (rejecting overtime)

Length

four days