Case details
Defense: At-will employee fired for performance-related issues
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In 2008, plaintiff Lillian Allende, a property manager at Solari Enterprises, received a settlement for a worker’s compensation claim she had filed the year prior. She alleged that after the claim settled, her work environment drastically changed for the worse. She took a leave of absence from March 2009 to June 2009, and on Feb. 23, 2010, Allende was terminated from employment. Allende sued Solari Enterprises Inc. and her supervisor at Solari, Ann Oliver. She alleged that the defendants’ actions constituted disability and age discrimination, failure to accommodate and engage in the interactive process, and wrongful termination. Allende contended that after settling her worker’s compensation claim, she was subjected to both age and disability discrimination in the workplace. She claimed Oliver harassed and retaliated against her by making comments about her age and by making her perform job duties that were in violation of her medical restrictions. She further claimed that Solari failed to accommodate her disabilities, and that the defendants’ retaliation culminated with her termination on Feb. 23, 2010. The defendants claimed that Allende was terminated for cause, as she was an at-will employee. They also claimed that Allende was terminated due to performance-related issues, and denied that the plaintiff was ever discriminated, harassed or retaliated against., Allende claimed that the defendants’ retaliation culminated with her termination, causing severe chronic depression and anxiety. Thus, Allende sought recovery of approximately $2 million in total damages, including approximately $300,000 for her past and future loss of earnings and benefits, and an unspecified amount for her emotional distress and punitive damages as a result of defendants’ malice, oppression and fraud. Defense counsel contended that Allende was terminated for legitimate business reasons, so she was not entitled to any damages for lost earnings or benefits. Counsel also presented testimony from an expert psychiatrist who opined that the defendants did not cause Allende any emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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