Case details

Plaintiff: Retaliation after reporting feeling unsafe at work

SUMMARY

$1107702

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In November 2010, plaintiff Onalis Giunta, 35, a supervising dental assistant at Folsom State Prison, was confronted by a problem male employee at the California Department of Corrections and Rehabilitation, during which he threatened to bring a gun to work after a disciplinary action. Giunta claimed the employee then followed the threat with months of intimidation. She further claimed that in February 2011, she found flowers on her car after the problem employee asked her what car she drove. Giunta alleged that she had to subsequently take a year off for stress leave, as ordered by her physician. After returning from medical leave, Giunta was assigned to a posting in Vacaville, before taking a voluntary demotion to transfer to a facility in Elk Grove. Giunta sued the State of California Department of Corrections and Rehabilitation. Giunta alleged that the defendant’s actions constituted retaliation under the California Whistleblower Protection Act and Labor Code § 1102.5(b) and (c). Giunta claimed that she reported her concerns to state corrections supervisors, including the prison’s warden, before going to the Governor’s Office. However, she alleged the corrections officials did nothing to prevent the behavior. She also claimed that, instead, once she returned from leave in 2012, she was told that she must either return to work with the employee, resign, or find another job. Defense counsel denied Giunta’s claims, and contended that officials investigated and disciplined the offending employee. Corrections officials maintained that Giunta was never unsafe at Folsom, that Giunta showed no evidence that she was harassed and intimidated after the employee’s original comment, and that Giunta was still employed by Department of Corrections at another institution., Giunta was allegedly treated for physical and psychological . She claimed that she was ultimately forced to take a yearlong, doctor-ordered stress leave. She then transferred facilities so that she did not have to work with the problem employee, but later took a voluntary demotion because of the longer commute. Giunta claimed that she suffers from a cognitive disorder as a result of post-traumatic stress disorder and emotional distress as a result of her treatment. She contended that as a result, she requires continued treatment with a therapist and psychologist to correct her cognitive functioning. Thus, Giunta sought recovery of $370,629 in past and future lost wages, and between $229,600 and $817,000 in future medical costs for cognitive treatment and counseling. She also sought recovery of damages for her past and future emotional pain and suffering.
COURT
Superior Court of Sacramento County, Sacramento, CA

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