Case details
Plaintiff: Company fired her for not returning to moldy office
SUMMARY
$19635
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2011, plaintiff Kristine Peralta, a nursing coordinator for CNE Home Health Services Inc. in Riverside, stopped going into work. Peralta, who was hired in 2008, claimed she stopped going to the company’s office after a mold condition was discovered there and that she was ultimately sent a letter of termination later that month. Peralta sued CNE Home Health Services Inc. She alleged that the defendant’s actions constituted wrongful termination in violation of California Labor Code § 6311, which pertains to being laid off for refusing to work in an unsafe work environment. Peralta claimed that when the mold condition was discovered in January 2011, employees were informed that they did not have to report to work if they did not feel comfortable with the working environment. She claimed that as a result, she stopped going to the office. However, she claimed she checked-in to see if the condition had been remedied, but continued to stay home since it hadn’t changed. Peralta alleged that she then received the termination letter in the mail later that month. CNE denied Peralta’s allegations, claiming that the plaintiff voluntarily resigned from her position. It alleged that because Peralta did not indicate any of her plans, it was assumed she quit and, as a result, she was sent a letter of termination., Peralta claimed that while she has since found a new job, she suffered a loss of earnings after her termination and while she was looking for new employment. She also claimed that the experience caused her emotional distress. Thus, Peralta sought recovery of $14,000 in damages for her past lost earnings, as well as benefits, and sought recovery of an unspecified amount of general damages for her emotional distress. Defense counsel contended that Peralta was owed zero damages since she voluntarily resigned from her position.
COURT
Superior Court of Riverside County, Riverside, CA
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