Case details

Insurance adjuster claimed discrimination based on age

SUMMARY

$749999

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In October 2005, plaintiff Sharron Warehime, 60, an insurance adjuster for Farmers Insurance in Fresno, complained to her supervisor about an evaluation she was given. She claimed that, thereafter, she was discriminated against because of her age and that the company failed to accommodate her mental condition. She further claimed that this ultimately led to her being fired from her position on June 12, 2006. Warehime sued Farmers Insurance. Warehime alleged that the defendant’s actions constituted age discrimination, retaliation for her engaging in a protected activity, failure to make reasonable accommodation, and failure to engage in an interactive process. Warehime was hired to work in the Visalia office in January 2002, when the company was going through a transition from paper to electronic files. She was later transferred to the Fresno office. She claimed that she had been a valued Farmers employee who received awards and good to outstanding job performance reviews each year from 2002 to 2005. She also completed the training requested by Farmers for the transition. However, she claimed that in 2003, when she asked her supervisor to balance her workload after allegedly being given higher caseloads than other employees and being transferred cases when an employee left the company, no action was taken and no files were reassigned. Warehime also claimed that at the Fresno office she heard younger employees make statements such as, “I don’t want to work when I’m your age” and “The old fuddy-duddy is coming in.” Warehime claimed that in October 2005, she complained to her supervisor that an evaluation of her work was inaccurate and unfair, but that the supervisor allegedly only told her to improve her performance. She also claimed that in December 2005, she was wrongfully disciplined and then put on probation on Feb. 28, 2006. Warehime alleged that as a result, she suffered a nervous breakdown and was forced to take a leave of absence, during which she was under the care of a physician for anxiety and depression from Feb. 28, 2006, until June 12, 2006. Warehime claimed that on June 8, 2006, she requested to work part-time for two weeks as a medical restriction, but that when her physician cleared here and she attempted to return to work on June 12, 2006, she saw a younger employee sitting at her desk before she was fired. Defense counsel disputed Warehime’s work reputation, and contended that Warehime never embraced the new technology and rejected training to become a better employee. Counsel also contended that Warehime blamed others when her workload increased. In addition, defense counsel contended that Warehime underestimated customers’ claims, which resulted in ensuing litigation for the company. Thus, counsel argued that Farmers Insurance had good reason to terminate Warehime., Warehime worked for 4.5 years at Farmers Insurance before she was fired in June 2006. She claimed that prior to her termination, she suffered a nervous breakdown as a result of the age discrimination against her and subsequently was treated by her physician for depression and anxiety.
COURT
Superior Court of Fresno County, Fresno, CA

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