Case details

Office retaliated for filing police report, dental hygienist claimed

SUMMARY

$117768

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Oct. 11, 2010, plaintiff Rosa Lee Cardenas, 48, a dental hygienist who worked for Masoud Fanaian, D.D.S. in Reedley, placed a new wedding ring that she received from her husband on a table in the office’s break room, and the ring went missing. After a week of searching, Cardenas and her husband reported the ring was stolen to the police. Shortly thereafter, Cardenas’ hours were cut and on Nov. 10, 2010, she was terminated after working a full day. On Nov.11, 2010, the day after Cardenas was terminated, her ring was found in a drawer in a room that Cardenas used to treat patients. Cardenas sued Fanaian and his office, M. Fanaian, D.D.S. Inc. Cardenas alleged that she was wrongfully terminated and that Fanaian terminated her from her position in retaliation for filing the police report. She also alleged that M. Fanaian, D.D.S. Inc. acted with malice, oppression and fraudulent intent when she was terminated. A motion for non-suit was granted as to Fanaian, as to all substantive issues. Cardenas claimed that she was told that the office had to let her go because of her filing a police report. She alleged that she had thoroughly searched the room and drawer, where the ring was ultimately found, several times, but never saw the ring. According to plaintiff’s counsel, Cardenas believed the person who took the ring planted it there after she was terminated. In addition, Cardenas claimed that M. Fanaian, D.D.S. Inc. did not call her to say that the ring had been found and never made any effort to bring her back to work. M. Fanaian, D.D.S. Inc. contended that Cardenas was not terminated, but that she was given a ‘cooling off period’ because the search for the missing ring and the accusation that the guilty party was an unnamed fellow employee was too much of a disruption to the office. It also contended that it cooperated with the police and that Cardenas never told Fanaian that she suspected a fellow co-worker of stealing the ring. Defense counsel noted that the court precluded defense’s evidence that the purpose of filing the police report was to substantiate an insurance claim for the loss of the ring and that Cardenas testified that she also filled the report in the hope of recovering the ring., Cardenas originally began working for M. Fanaian, D.D.S. Inc. in August 2009, but that after she was let go, it had been difficult to find other employment with the termination on her work record. However, she acknowledged that she had managed to find part-time jobs in 2011 and 2012, but that she earned less than she did before. Thus, Cardenas sought recovery of damages for her emotional distress and lost wages, as well as sought recovery of punitive damages.
COURT
Superior Court of Fresno County, Fresno, CA

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