Case details
Defense: No proof plaintiff ever reported concerns to company
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress
FACTS
In August of 2009, plaintiff Rebecca Willis, a human resources and administrative employee, was terminated from her employment with Double Honor Insurance Services, LLC, where she worked since December 2007. She claimed that she was fired after she reported to company management other employees’ concerns regarding religious harassment and discrimination in the workplace. Willis sued Double Honor Insurance Services, LLC, alleging retaliation and wrongful termination. She claimed that she engaged in a protected activity when she told management that some employees did not like Christian music playing in the workplace and that they were concerned that a company intending to sublet space from Double Honor would bring an overly religious atmosphere into their offices. Thus, Willis contended that she was discharged in retaliation for reporting the other employees’ concerns about religious discrimination and harassment. Double Honor denied the termination was retaliatory or illegal. Defense counsel noted that in March 2008, when Willis became a full time employee, the office had an intercom system tied to satellite radio and a number of different music stations were chosen, most of which elicited complaints from employees. Counsel added that during the efforts to find a radio station that pleased most people most of the time, the dial was put on a Christian music station and that when Willis reported that some employees did not like Christian music, the station was changed right away. However, defense counsel asserted that there was no evidence that any employee ever complained to Willis about religious discrimination or harassment, or that Willis ever reported such concerns to management., Willis sought recovery of damages for the loss of past earnings and emotional distress damages. Defense counsel noted that Willis testified that one year after her termination, she was no longer upset about losing her job. Defense counsel also contended that Willis failed to mitigation her damages because she did not look for another job for one year post-termination and declined two individuals’ offers to see if they could find a position at their respective companies.
COURT
Superior Court of San Diego County, San Diego, CA
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