Case details

Employee claimed job fired him for taking military leave

SUMMARY

$98695

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 18, 2013, plaintiff Jorge Buenrostro, 36, a sheet metal programmer at American Sheet Metal, presented to Eli Choueiry, his boss and president of American Sheet Metal, a copy of orders for him to return to active duty with the United States Army Reserve. The leave was for a total of 19 days, from July 6, 2013, to July 26, 2013. On June 21, 2013, Buenrostro was terminated from employment at American Sheet Metal. Buenrostro sued American Sheet Metal and the parent company of American Sheet Metal, Elucia Inc. Buenrostro alleged that the defendants’ actions constituted discrimination and retaliation in violation of the California Military and Veterans Code § 394. Elucia Inc. was ultimately not pursued as a defendant. Buenrostro claimed that when he interviewed with Choueiry for the position, he explained that his military obligations included one weekend-per-month, two weeks-per-year, and the possibility of additional leave. He contended that after the interview, he was hired by American Sheet Metal to begin working as a sheet metal programmer on April 14, 2013. However, Buenrostro claimed that when he presented Choueiry with a copy of his orders for leave on June 18, 2013, Choueiry responded by saying he thought the leave would not exceed two weeks, and that leaving for 19 days would put the company in a huge bind. Thus, he claimed he was subsequently terminated in an act of discrimination and retaliation. American Sheet Metal contended that Buenrostro was terminated due to poor performance, and denied that Buenrostro’s active military duty with the U.S. Army Reserve had anything to do with the decision to terminate., Buenrostro claimed that it took him four months to find a new job and that when he did it was for less pay. He also claimed he suffered emotional distress as a result of his termination. Thus, Buenrostro sought recovery of $50,095 in economic damages for his lost earnings. He also sought recovery of damages for his emotional distress, as well as recovery of punitive damages, alleging that the conduct of American Sheet Metal was malicious and oppressive. Defense counsel argued that Buenrostro was terminated for legitimate business reasons and that he was owed zero economic damages. Counsel also disputed Buenrostro’s claims for emotional-distress and punitive damages.
COURT
Superior Court of Orange County, Santa Ana, CA

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