Case details

Employee never complained of alleged harassment: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
In October 2011, plaintiff Vaughn Hall, 19, a roller skating attendant for Skateland Enterprises Inc. in Northridge, was terminated from his position. He claimed that during his employment with Skateland, he was subjected to constant verbal and physical sexual harassment from the company’s general manager, Stephen Earley, and that he was ultimately terminated because he refused to accept Earley’s sexual advances. Hall sued Skateland Enterprises Inc.; Earley; Skateland’s owner and president, David Fleming, and the company’s chief financial officer, Michael Fleming. Hall alleged that Earley’s actions constituted sexual harassment and retaliation, resulting in his wrongful termination, and that the remaining defendants were liable for Earley’s actions. Prior to trial, Hall dismissed Michael Fleming and David Fleming from the case. Thus, the matter proceeded to trial against Skateland and Earley only. Hall claimed that one year before he was fired, Earley grabbed him on the buttocks with both hands while hugging him. He claimed that thereafter, Earley continued to verbally harass him by commenting on his buttocks, asking him for a kiss or hug, and suggestively asking him what he was doing after work. Hall claimed that Earley also harassed and grabbed the buttocks of other male subordinates. Thus, Hall alleged that he was subject to a hostile workplace due to the sexual harassment, and that his firing was in retaliation for not accepting Earley’s advances. Earley denied grabbing or touching Hall in any inappropriate way, and denied there was any other physical or verbal harassment between him and Hall. Defense counsel contended that Hall never complained to management, or anyone else, including Hall’s friends, about allegedly being continually harassed by Earley. Counsel also contended that Hall was properly terminated for being late to work after being on probation in September 2011 for letting a coworker take leftover food that he was throwing out., Hall claimed that he suffered emotional distress as a result of being subjected to constant sexual harassment and then being wrongfully terminated. He alleged that as a result, he sought weekly treatment with a psychologist for six months. The plaintiff’s treating psychologist testified that Hall was depressed as a result of the harassment and termination. Thus, plaintiff’s counsel asked the jury to award Hall $900,000 in emotional distress damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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