Case details
Therapist claimed termination due to her being pregnant
SUMMARY
$90
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
FACTS
In January 2009, plaintiff Jade Gonfiotti, 30s, was hired as a respiratory therapist by Medical Providers Inc. In October 2010, she notified her employer that she was pregnant and in early February 2011, she received a raise. However, in May 2011 Gonfiotti and six other female employees were terminated from employment. Gonfiotti filed a Fair Employment and Housing Act complaint and then sued Medical Providers Inc. She alleged that the defendant failed to accommodate her pregnancy, constituting sex/gender discrimination, and wrongfully terminated her. Gonfiotti also alleged labor code violations for unpaid meal and rest period wages. At trial, Gonfiotti only pursued her claims for sex (pregnancy) discrimination and unpaid meal period wages. Specifically, she claimed that Medical Providers terminated her due to her pregnancy and replaced her with a male respiratory therapist. She also claimed that she did not receive two-thirds of her meal periods during the course of her employment. Medical Providers claimed that Gonfiotti was laid off due to legitimate business reasons and was not discriminated against due to her pregnancy. It alleged that a downturn in revenues led to layoffs within the company and that although the male respiratory therapist had the same title as Gonfiotti, he served an entirely different territory (West Lake). Medical Providers also claimed that since Gonfiotti worked almost entirely out in the field, she was responsible for taking and monitoring her own meal breaks, and that she was never discouraged from doing so., Gonfiotti sought approximately $45,000 in damages for her lost earnings, as well as approximately $10,000 in unpaid meal period wages. Gonfiotti also claimed she suffered emotional distress as a result of losing her job, but that she could not seek therapy because she didn’t think her insurance covered it. Thus, she sought recovery of a six-figure award for her non-economic damages, as well as sought recovery of punitive damages for the defendant’s malice, oppression and fraud. Defense counsel contended that Gonfiotti failed to show any damages.
COURT
Superior Court of Orange County, Santa Ana, CA
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INJURIES:
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- brain
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- face
- facial bone
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- head
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- subdural hematoma
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