Case details
University claimed instructor fired for inaccurate time sheets
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In 2009, plaintiff Ronald Kravitsky was hired as an instructor of an automotive program at WyoTech Long Beach, a division of WyoTech University. Kravitsky claimed that during his tenure, he was subjected to harassment based on his Jewish religion and discrimination based on his diabetic condition. He claimed that when he complained about the harassing and discriminatory conduct, the school retaliated by terminating his employment in December 2012. Kravitsky sued Corinthian Colleges Inc., which was doing business as WyoTech University; and two employees of WyoTech Long Beach, John Allen and Catrena Jernigan. Kravitsky alleged the defendants’ actions constituted workplace harassment (based on religion), disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, wrongful termination, and defamation. Allen and Jernigan were ultimately dismissed from the case just prior to trial. Plaintiff’s counsel argued that Kravitsky was subjected to verbal harassment as a result of being Jewish and was discriminated against in regards to his diabetes. Counsel argued that Corinthian Colleges violated the Federal Employment and House Act by failing to engage in the interactive process and by failing to provide proper accommodations for Kravitsky’s disability. Plaintiff’s counsel argued that Kravitsky was retaliated against after he spoke out about various safety concerns on the Long Beach campus and engaged in other protected activities. Counsel contended that when Kravitsky complained about the harassment and discrimination, Corinthian Colleges retaliated against him by terminating his employment. In addition, plaintiff’s counsel contended that Corinthian Colleges defamed Kravitsky’s reputation by publishing statements that about him being terminated for committing time card fraud. Corinthian Colleges disputed all of Kravitsky’s claims. Its counsel argued that Kravitsky was not harassed for being Jewish and that Kravitsky failed to present any evidence of any alleged harassment. Counsel also argued that Kravitsky was not discriminated against for having diabetes. Instead, counsel for Corinthian Colleges contended that Kravitsky was terminated for non-discriminatory, non-retaliatory reasons regarding his employment. Counsel argued that Kravitsky, who was hired as an hourly instructor, was photographed sleeping on the job and was submitting inaccurate time sheets, and that this was the reason for Kravitsky’s termination. Counsel further argued that any statements regarding Kravitsky’s termination were both truthful and never published and, hence, did not constitute as defamation., Kravitsky claimed that while he has mitigated his damages by finding new employment, his hourly wage is now substantially less. He also claimed he suffered emotional distress as a result of his treatment and termination. The plaintiff’s expert psychologist testified regarding Kravitsky’s depression and anxiety. Thus, Kravitsky sought recovery of economic damages in excess of $150,000 for his past and future loss of earnings and benefits. He also sought recovery of damages for his emotional distress. Counsel for Corinthian Colleges argued that Kravitsky was terminated for legitimate business reasons and, thus, was owed zero economic damages. Counsel also argued that Kravitsky suffered no significant loss of earnings and was making roughly the same salary at his new place of employment. Counsel further argued that Corinthian Colleges did not cause Kravitsky any emotional distress.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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