Case details

Plaintiff: Employer fired her for complaints of unpaid overtime

SUMMARY

$375397.4

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, head, headaches, mental, psychological
FACTS
On Feb. 1, 2008, plaintiff Cybil Gordon, 35, a property manager for a 158 unit apartment complex in Stockton, was terminated from her job with a property management company owned by E.J. Williams and Stephanie Nazzisi. She claimed she was terminated after complaining about not receiving overtime wages and after filing a complaint with the California Labor Commissioner. Gordon sued Williams and Nazzisi for retaliation, wrongful termination and violations of the Fair Labor Standards Act in regards to the unpaid wages. Gordon claimed she worked overtime hours without being compensated and that upon complaining to the California Labor Commission, she was let go from her job. Plaintiff’s counsel contended that Williams and Nazzisi sent a fraudulent, altered “Attendance Manger” document to the Labor Commission in an effort to show that Gordon was tardier than she actually was. Defense counsel denied the claim that Gordon worked any overtime. Counsel also contended that Gordon was terminated for legitimate reasons, including falsifying time cards, lateness and for destroying company property., Gordon sought unpaid overtime from November 2005 through Feb. 1, 2008, and lost wages from Feb. 1, 2008, through June 2010. Plaintiff’s counsel also sought $7,199.40 in overtime, 30 days’ waiting-time penalty, and $25,367 in lost wages. She alleged that she eventually found other work in property management, but then quit the subsequent job to start her own business, which failed. However, she acknowledged that she has since found a higher paying job. Gordon claimed that as a result, she experienced general anxiety from being out of work, including some headaches, for which she used an over the counter pain reliever. Thus, she sought recovery pain-and-suffering damages for her emotional distress. Gordon also sought recovery of $175,000 in punitive damages based upon the defendants’ alleged $98 million net worth. Plaintiff’s counsel noted that the $175,000 sum was based upon the value of the defendants’ yacht. However, defense counsel disputed the value of the yacht, claiming it was worth only $125,000.
COURT
Superior Court of San Joaquin County, Stockton, CA

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