Case details

Plaintiff fired for selling TVs at unauthorized discount: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In September 2014, plaintiff Heather Tedrick, 46, an assistant manager at a Walmart store in Stevenson Ranch, was terminated along three other female assistant managers. She claimed that her termination was based upon her gender. Tedrick sued her employers, Wal-Mart Associates Inc. and Wal-Mart Stores Inc.; a store manager, Bernard Beale; and a market manager, Chad Kubica. Tedrick alleged eleven causes of action, but by the time of trial, there were only four causes of action remaining, including wrongful termination in violation of public policy, gender discrimination, failure to prevent discrimination, and failure to pay overtime wages/provide meal and rest breaks in violation of the Labor Code. Beale, Kubica, and Wal-Mart Associates were ultimately let out of the case, and the matter proceeded to trial against Wal-Mart Stores only. Plaintiff’s counsel noted that at the time of Tedrick’s termination, all eight of the assistant managers in the store were female and that all four of the assistant managers who were terminated were also female. Tedrick and the other terminated assistant managers claimed that they had heard management personnel say that there were “too many female assistant managers” and “too much drama” at the store. Thus, plaintiff’s counsel argued that Tedrick and three other female assistant managers were terminated because of their gender. Defense counsel contended that Tedrick sold flat-screen televisions for half off to three of her fellow assistant managers in August 2014. However, counsel contended that Tedrick was not authorized to discount the televisions below cost and that, after an investigation, Wal-Mart Stores terminated Tedrick’s employment, and the employment of the three other assistant managers who purchased the televisions. Defense counsel contended that Tedrick and the other three assistant managers violated Walmart policy by selling and purchasing the televisions for less than cost and causing a loss to the company. Thus, counsel argued that Tedrick and the three other assistant managers were properly terminated and that the decision to terminate them was not made on the basis of their gender. In addition, counsel argued that the assistant managers were properly classified as exempt employees, and were not entitled to receive overtime compensation or scheduled meal and rest breaks., Tedrick was first hired in August 2008 and was eventually promoted to assistant manager. At the time of her termination, Tedrick worked at the Walmart store located in Stevenson Ranch. Tedrick claimed that she suffered from depression and anxiety as a result of her termination, but she did not seek counseling. She eventually found replacement employment and, at the time of trial, reported little to no emotional distress. Thus, Tedrick sought recovery of lost wages, emotional-distress damages, unpaid overtime, penalties for missed meal and rest breaks, punitive damages, and attorney fees and costs. The defense’s psychiatric expert testified that while Tedrick experienced a mild upset as a result of her termination, she did not have a diagnosable condition like depression or anxiety that was caused by Wal-Mart Stores.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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