Case details
Manager abandoned position, car dealership alleged
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In March 2012, plaintiff Samim Amiri was transferred from his position as a finance manager at Bob Baker Toyota in Lemon Grove to the position of used car sales manager. Amiri claimed that after starting his new position, he began experiencing discrimination and harassment based on his Middle Eastern race and Afghani national origin, claims denied by management at the dealership. After an incident at work caused Amiri to take some time off, he was transferred back to his finance manager position, which prompted Amiri to leave work again. Amiri was ultimately terminated on June 5, 2012. Amiri sued the operator of Bob Baker Toyota, Bob Baker Imports Inc.; Bob Baker Enterprises Inc.; the general sales manager at the dealership, Mario Lupinacci; and the general manager at the dealership, Dan Giordano. Amiri alleged that the defendants’ actions constituted discrimination and harassment based on his race and national origin, and constituted retaliation in regards to his complaints about his treatment. He also alleged that the defendants’ behavior ultimately resulted in his wrongful termination. During trial, Bob Baker Enterprises and Giordano were dismissed from the case with prejudice. Amiri claimed that following his transfer to the position of used car sales manager, he began experiencing discrimination and harassment from Lupinacci. He claimed that when he complained to Lupinacci about the harassment, the defendants attempted to transfer him back to the position of finance manager. However, Amiri claimed that when he refused to be transferred, he was terminated from employment. The defendants claimed that Amiri was never harassed or discriminated against and that Lupinacci never made any derogatory comments towards Amiri. The defendants claimed that upon Amiri’s transfer to used car sales manager, issues began to arise regarding his difficult management style. Specifically, the defendants claimed Amiri had a negative effect on morale, which caused other employees to threaten quitting their jobs. They claimed that they tried to work with Amiri to improve his management skills, but that no positive changes resulted. The defendants claimed that as a result, they made the decision to move Amiri back to the finance manager position, which resulted in Amiri abandoning his job. Thus, the dealership claimed that Amiri’s termination had nothing to do with his race or national origin, and was based on Amiri’s job abandonment., Amiri claimed he suffered emotional distress as a result of his treatment at the dealership and that he suffered a loss of earnings as a result of his wrongful termination. Thus, at trial, Amiri sought recovery of approximately $46,000 in lost earnings and approximately $140,000 in emotional distress damages. Defense counsel contended that Amiri was owed zero damages because he voluntarily abandoned his job and did not suffer any emotional distress.
COURT
Superior Court of San Diego County, San Diego, CA
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