In January 2014, plaintiff Barbara Barkley, 61, a customer service manager for Bank of the West, in Fresno, was terminated from her position. Barkley claimed a new branch manager who was recruited from Wells Fargo had engaged in a process to terminate her because he had hoped to replace her with a younger, prettier employee, who was 25 years old and employed as an assistant customer service manager. Barkley sued Bank of the West, alleging that its actions constituted age discrimination and retaliation. Plaintiff’s counsel contended that although the younger woman was hired as the assistant customer service manager, evidence showed that she never worked in that position, according to the job description and other documents that described her duties, and, instead, the manager had engaged her in the sale of bank products. Counsel contented that as such, Barkley did the job of two persons for almost a year, leaving the manager to criticize her inability to file essential reports in a timely manner. Plaintiff’s counsel contended that within seven months of taking over, the manager accused Barkley of violating policies of the bank and sought Barkley’s termination. However, the Human Resources Department refused to terminate Barkley, but allowed her to be issued a final personal improvement notice. Counsel contended that, thereafter, Barkley’s manager began a process of reporting every minor failure of Barkley, including criticizing Barkley of allegedly leaving out confidential material, which Barkley had allegedly delegated to a teller, when the bank was closed. As a result, the manager insisted that Barkley needed to re-inspect the bank to make sure the teller had cleared all confidential material. Barkley filed a seven-page grievance with the Human Resources Department, outlining the conduct of the manager. The grievance led to an investigation. The plaintiff’s investigations expert opined that the investigation violated industry standards, and the company’s own internal investigation promises and procedures. Plaintiff’s counsel contended that statements taken from employees revealed that the manager was a bully and penalized Barkley for cashing a large check for a significant customer, directing Barkley to work on Saturday. Counsel also introduced emails in which the Human Resources Department directed the preparation of termination paperwork before the investigation was completed, even before statements from the manager and the assistant customer service manager were ever taken. Plaintiff’s counsel argued that the investigation was a sham and a cover up to attempt to clear the wrongdoing over the previous 10 months. Counsel argued that the investigation was a violation of the company’s legal obligation to assure that its employees were not discriminated against and/or retaliated against. In addition, plaintiff’s counsel noted that Barkley’s manager admitted that he reviewed Barkley’s quarterly progress at 7:30 pm on a Friday, after Barkley had worked approximately 55 hours already. Counsel contended that as a result, Barkley emailed her boss and the regional manager the next day, asserting that her manager’s conduct was harassment and created a hostile work environment. Counsel contended that no response, either verbal or in writing, was ever given to Barkley’s email and that the following Monday, the manager sent an email asking for Barkley’s termination. Defense counsel contended that Barkley was fired due to various alleged violations of company policy, including cashing checks for an account holder that was to receive her social security check the next day and providing information to the husband of an account holder who had given her verbal permission to provide him with that information. Counsel also argued that when closing the vault, Barkley committed what is known in the industry as a “forced balance,” which generally happens when an employee steals money from the bank and misrepresents what is in the vault by replacing large bills with one-dollar bills. In response, plaintiff’s counsel argued that the Bank of the West failed to prove a false balance had occurred. Counsel also called a long-term employee who testified that she had known Barkley for well over 10 years and had never known Barkley to falsely misrepresent anything. The employee also testified that no money was missing, that “counter-balances” do happen, and that in the instance in question, the mistake was determined the next day. Plaintiff’s counsel also responded that it was allowable under company policy for Barkley to cash the check for the account holder that was to receive her social security check the next day. Plaintiff’s counsel further argued that defense counsel failed to present available stronger evidence, such as the evaluations of the manager, the assistance customer service manager, evidence regarding its investigation file (which was incomplete), and witnesses from human resources, such as the high-level assistant who had asked for the termination to begin while the investigation was still in progress. In addition, plaintiff’s counsel noted that the defense’s workplace investigations expert admitted that depriving an employee of resources, such as an assistant, and then criticizing her for her poor performance was discrimination., Barkley, who had 42 years of banking experience and had been with the Bank of the West since 2002 when it acquired Sanwa Bank, had received very high marks as an employee in years prior to her firing and was given the honorary title of assistant vice president. Plaintiff’s counsel contended that Barkley had given the bank her loyalty, reliability and leadership and that Barkley received much customer satisfaction, as her personnel file had over 15 thank you letters regarding Barkley’s help, selflessness, heart, respect to customers, and supervision. Counsel argued that the Bank of the West could have transferred Barkley to another branch, allowing Barkley a dignified and well-deserved ending to her career, but, instead, decided to terminate Barkley. Counsel contended that as a result of the blatant nature of what the bank did in leaving Barkley on the street with no severance, just pay to the penny, Barkley’s oldest daughter needed to support her mother for three years by contributing $1,000 a month to stop her mother from needing to sell her house. Barkley claimed that she suffered a loss of wages at $71,000 per year for three years up until trial and for three to six years after trial. Thus, she sought recovery of $426,000 in total lost wages for the time up until trial and for six years after trial. Barkley also claimed she suffered emotional trauma as a result of her treatment and termination. Plaintiff’s counsel contended that the Bank of the West caused Barkley to suffer fear, shame, humiliation, worthlessness, embarrassment, loss of purpose, frustration, lack of sleep, and panic. Counsel argued that Barkley’s emotional trauma was caused by the bank’s wrongdoing in its violation of its own policies, violation of law, phony investigation, duplicity, undeserved evaluations, and violation of its own promises in its handbook. Counsel argued that these actions caused Barkley to feel as if she was stuck in quicksand and caused Barkley to lose her sense of security, dignity, respect, self-worth, sense of purpose, freedom, and a dignified end to her career. Thus, plaintiff’s counsel asked the jury to award between $1.5 million and $4.5 million for Barkley’s emotional trauma, and $426,000 in past and future loss of wages.