Wrongful Termination, Defamation Case: Former Edmonds’ HR Chief Awarded $1M

Edmonds’ long-time HR chief, Debi Humann, filed suit claiming that the mayor wrongfully fired and defamed him after her scrutiny into the pay rate and number of hours worked by Mayor Mike Cooper’s executive assistant. A federal jury awarded the former Edmonds city HR chief over $1M.

Ms. Humann was the director of human resources for the city of Edmond for 12 years until she was fired by ex-mayor Cooper in September of 2011. Her suit against the mayor and the city of Edmond in 2013 claimed small town political corruption. The trial took place in U.S. District Court in Seattle in front of a 10-member jury. They agreed, after a three week trial, to award Ms. Humann $1,035,351 in damages upon concluding that her termination was in violation of public policy and in violation of the 1st Amendment. They also concluded that the mayor was guilty of defamation of Ms. Humann to the media.

Consequently, she was awarded over $500,000 in back pay and future income as well as $500,000 for damage done to her reputation and distress due to defamation of her character.

Cases of wrongful termination are commonplace in today’s workplace. The complete number of employment law based suits has increased by 400% over the last 20 years. Of those lawsuits, over 40% are filed against employers who employ between 15 and 100 employees.

If you have questions or concerns about wrongful termination or defamation get in touch with the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik as soon as possible. 

Wrongful Termination Court Case Against the Children’s Hospital of Central California

October saw a victory for plaintiffs who filed a wrongful termination case against the Children’s Hospital of Central California. Children’s Hospital of Central California is a pediatric hospital that can be found just north of Fresno in California. 

This particular case was based upon a long standing 18-year old employee of the Children’s Hospital of Central California who was improperly drug tested on his day off; which was eventually found to be in violation of the employee’s constitutional right to privacy.

In the state of California, drug testing of current employees is subject to a more stringent analysis by the legal system in comparison to pre-employment drug testing. Employers who drug test current employees must identify a compelling reason that supports their decision to drug test, i.e. a reasonable belief that an employee was intoxicated on the job. This type of situation would strengthen the argument that drug testing the employee was a reasonable action.

Testing an employee during their off-duty hours is seen as particularly invasive and is more likely to be found as invasive by the courts.

It would seem that juries support the courts general opinion on the matter as the jury made its decision on this case on October 16, 2014 after both sides presented their arguments. They found that the employee’s privacy had been violated and that this violation of his rights had resulted in his wrongful termination, which is in violation of California employment law. As a result the plaintiff was awarded $1,035,000.00.

If you feel you are being bullied or mistreated by your employer, please get in touch with one of the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik today. 

Retaliation and Wrongful Termination: California Family Physician Sues Major Health Organization

A retaliation and wrongful termination suit was filed by a prominent California family medicine physician against one of the largest health maintenance organizations in the nation, Kaiser Permanente West Los Angeles Medical Center. Jay Espejo, M.D., M.P.H., claims he was fired in retaliation after he reported a colleague’s, John Miguel, M.D., pattern of misconduct, i.e. unnecessary prescriptions, and the clinic’s alleged long term pattern of providing medical treatment and prescriptions according to patient demand rather than what is actually medically necessary. Dr. Espejo was employed at the medical center since 2011 and was promoted to partner in June.

According to the suit, Dr. Espejo was fired only two weeks after his promotion to partner. He filed suit for wrongful termination and retaliation claiming that his firing was a result of his reporting that his fellow doctor exhibited a disturbing pattern that enabled “doctor shopping” and involved the prescribing of narcotic drugs without medical need apparent in the patient requesting the prescription. Dr. Espejo claims he saw his fellow physician, Dr. Miguel, provide prescriptions for patients who had histories of suspected drug abuse and who were also exhibiting easily identifiable drug-seeking behavior.

Dr. Espejo claims that Dr. Miguel’s behavior was in direct violation of the Controlled Substances Act on multiple occasions. Espejo’s legal counsel cites emailed responses from Kaiser Permanente regarding the violations as evidence that they created a culture in the workplace that both enabled and supported physicians catering to their patients’ demands, which enabled drug-seeking behavior and abuse, doctor shopping, etc. rather than providing the quality (and necessary) medical care that they should have been offering.

For questions or more information regarding wrongful termination as a result of speaking out against improper conduct in the workplace, please contact the southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Discrimination Case Filed by Ex-Wilson Elser Attorney

Jodi Ritter, a former nonequity partner of Wilson Elser Moskowitz Edelman & Dicker sued the firm with claims that she was subjected to harassment and discrimination for her choice to have children. She left the firm in late 2012.

Ritter described the state at the firm by stating, “By contrast, women who did not have children and who availed themselves of affairs with partners were systematically rewarded and treated better than women who chose to have children and families.”

The firm, in response to the claims made in the suit, said that the allegations were baseless and lacking in any legal merit. They advised that they would be vigorously defending themselves and they were looking forward to the adjudication of the matter. The firm filed Motion to Dismiss on Friday claiming that claims are wholly without merit and precluded by the arbitration clause of her partnership agreement.  

Ritter spent five years as a special narcotics prosecutor in the Brooklyn District Attorney’s Office before joining Wilson Elser in 1997. She stated that she didn’t have any problem meeting her billable hour quota and that she received bonuses and raises consistently until she became pregnant. Ritter announced her pregnancy in 2002. The chair of the firm’s labor and employment litigation practice, Ricki Roer, allegedly pulled Ritter aside and said, “That’s why women can’t move up in this firm.” Roer continued to explain that getting pregnant could have a negative impact on any attempt Ritter had to move up as a female in the Wilson Elser firm. Roer continued by saying that women who do get pregnant in the workforce make it harder for women who want to make a career because it makes women look weak.

Ritter gave birth to twins in January 2003. After three months of maternity leave Ritter’s twins were still in intensive care. She requested additional time. She was advised that her job could not be held if she could not return after the three months. Ritter said she had to get permission to spend one more month with her twins from the regional managing partner. In May of 2003, Ritter was required to attend a Women’s Bar Association event. Her twins were having health issues. After four hours, she asked a partner at the table, Jerold Ruderman, if she could leave to care for her sick children. She claims he said no and that she couldn’t leave an empty seat at the table where Mr. Ruderman’s wife (a sitting judge) was seated.

Ritter was transferred to the firm’s White Plains office approximately one year after her children were born.

Ritter also claims:

 

  • Roer was known to rebuff women’s requests for childcare accommodations.
  • When her husband became ill, the firm’s only concern was her ability to maintain her billable hours.
  • Women in the firm who made themselves available to male partners were protected.

 

Upon her firing in December 2012, Ritter was told that the firm had too little work to sustain her position. She argued that she had a number of open cases as well as a number of clients preparing to send her more work. At that time she had billed 1,930 hours. She was one week away from billing 1,950 hours. And her average billing from years past was 2,000 hours per year.

Ritter filed suit because, she claims, the firm affected her ability to further he career. She worked there for more than 16 years. As Ritter’s attorney said, “She gave her life there.” Ritter is seeking damages based on lost wages and pain and suffering as well as punitive damages.

For more information on discrimination in the workplace or wrongful termination please contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Undisclosed Settlement Amount Agreed Upon in Neiman Marcus Wrongful Termination Suit

Neiman Marcus recently settled a wrongful termination lawsuit. The suit was filed by former Neiman Marcus employee, Amir Peleg, who claims that he was fired for being gay and Jewish. Peleg asked for $40 million in punitive damages and $16 million in compensatory damages for economic loss as well as emotional pain and suffering. A Los Angeles County court clerk recently announced that the department store giant settled the wrongful termination lawsuit. The jury trial for the case began on September 2nd, 2014. It was still in progress when both parties agreed to a settlement agreement. The details of the agreed upon settlement were not released to the public and neither attorney could be reached for comment regarding the settlement.

Peleg is 59 years old. He is a former salesman for the Neiman Marcus fragrance department located in Beverly Hills. He claims that he was harassed about both his sexual orientation and his religion by his supervisor. His supervisor, Miryam Emamian is an Iranian woman of Muslim faith. It was noted in court that she refused to approve time off for Jewish holidays and that she made derogatory comments when he requested vacation time to go visit Israel. Peleg also claimed that his direct supervisor, Emamian, kept portions of bonuses he was given for exemplary sales. (Bonuses were in expensive beauty products). She was fired in 2008. Peleg’s attorney said that his client was an exemplary employee and a top associate with close to $1 million in sales/year. After his dismissal from Neiman Marcus, Peleg had to move out of his home and file for bankruptcy.

Neiman Marcus claims that Peleg was dismissed because he provided thousands in free samples of expensive face cream product and that the product he gave away as “free samples” eventually made its way to a Chinese website where it was sold for profit.

For more information on wrongful termination contact the California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Settlement Story: House GOP Settles Wrongful Firing Lawsuit

There is, seemingly, always a new wrongful termination story popping up in the news. Recent headlines point towards Olympia, Washington. In this particular wrongful termination case, the legal battle has been ongoing for three years.

The wrongful termination lawsuit was brought against the House by the former House Republican staff members. The staffers’ names were: John S. Archer, John Charba and William Engelhardt. Claims made by the men included: age discrimination, allegations that staffers were put under pressure to work on members’ campaigns as well as attend fundraising events.

Last month, a judge dismissed all but one of the claims: age discrimination.

House Republican Caucus chief of staff, Lisa Fenton, stated that the settlement of $120,000 was reached in order to end the three year long battle between the House Republican leadership and the three previous staff members who filed. The settlement agreement bars additional legal proceedings/action. The Republican House leaders did not admit to any wrongdoing.

Wrongful termination lawsuits are typically founded on claims of discrimination (age, religion, sex, nationality, etc.), retaliation (for instance, filing of or participation in a discrimination claim), refusal to commit an illegal act, departure from posted termination process or procedures, etc. Employees are protected from wrongful termination by California labor law. Winning a wrongful termination case tends to result in one of two things: reinstatement of the employee at the place of employment they were wrongfully dismissed from or monetary compensation for the wrongfully terminated paid out by the former employer.

A proven wrongful dismissal will tend to lead to two main remedies: reinstatement of the dismissed employee, and/or monetary compensation for the wrongfully dismissed.

For additional information on wrongful firing or wrongful termination please contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Netflix and Amazon Beat Blacklisting Lawsuit

Claims filed by Jerry Kowal against Netflix and Amazon included defamation and wrongful termination. The two companies, Netflix and Amazon, are competitors. They both provide online video content. But these two competitors got to share a victory together in court when the Los Angeles Superior Court judge Michael Stern dismissed claims against the two online video content giants. The claims were brought by Jerry Kowal, a former employee of both of the companies listed in the suit. He alleged that he had been wrongfully terminated by Amazon after Netflix blacklisted him.

Kowal worked at Netflix as a director of content acquisition. He had what he described as an exceptional reputation, but quickly noticed that the atmosphere at the company was cold, hostile and cutthroat. As a result, he decided to take a job at Amazon. He claims that shortly after he started at Amazon, Netflix attorneys sent a letter to Amazon accusing Kowal of unfair competition and insisting that they have access to search Kowal’s email accounts and computer/s for any business information belonging to Netflix. Kowal allowed that Netflix information could still be on his devices, but he adamantly denied using any of it for work at Amazon.

The burden of proof fell on Kowal. He needed to prove that there was a likelihood of prevailing on the merits of his claims. The judge decided that he did not meet the expected standard due to the fact that several of his allegations were based on speech protected by California Civil Code 47(b), which covers speech “made…in the initiation or course of any other proceeding authorized by law.” In this particular case, the letter Netflix sent to Amazon alleged unfair competition by Kowal.

For questions about wrongful termination, contact Blumenthal, Nordrehaug & Bhowmik, the southern California employment law experts