Case details

Plaintiff fired for violating code of conduct, company claimed

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In April 2011, plaintiff Jeffrey Gunchick, a claims examiner and attorney in his 50s, returned to work at Federal Insurance Co. after previously suffering an injury. Gunchick suffered an injury in November 2010 and was eventually released back to work by his physician in April 2011. However, the physician gave Gunchick the restriction of no more than four hours of work a day. On Dec. 28, 2011, Gunchick was terminated from his position. He claimed he was terminated because he asked for a lighter case load. Gunchick sued Federal Insurance Co. He alleged that the defendant’s actions constituted wrongful termination, disability discrimination, and wrongful termination in violation of public policy. Gunchick claimed that any reasons offered for why he was terminated were pre-textual and that he was terminated due to his disability. Defense counsel contended that Federal Insurance accommodated Gunchick’s work restriction and that Gunchick was terminated for the nondiscriminatory reason of violating the company’s code of conduct of maintaining dignity and respect in the work place. According to the defense, Gunchick often engaged in disrespectful behavior, including raising his voice and yelling at others, the subject of which he was counseled and issued written warnings regarding those issues during his employment. However, according to the defense, Gunchick failed to heed those warnings and was ultimately terminated when he was observed by management engaging in disrespectful behavior by yelling at his direct supervisor., Gunchick worked for Federal Insurance since 2000. He claimed that he was depressed and had low morale due to the conduct of Federal Insurance during the year that preceded his termination, after returning to work from his injury. He also claimed he suffered significant anxiety in dealing with Federal Insurance’s conduct. Thus, Gunchick sought recovery of past and future loss of wages, emotional distress damages, and punitive damages.
COURT
United States District Court, Central District, Los Angeles, CA

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