Wrongful Termination/Constructive Termination
Representative Case Summaries
- Plaintiff worked for a public entity for 30 years and applied for a promotion but was not selected. He then retired. Plaintiff claimed that he was passed over for promotion because the decision-makers believed he was going to retire in the coming years and would not remain in the position long term.
- Plaintiff was the girlfriend of a jewelry designer and came to work for him as an assistant. While she was employed, the designer broke up with her and started dating another woman. Plaintiff was fired and the other woman took her job. Plaintiff claimed several theories of wrongful termination in violation of public policy.
- Plaintiff worked as a dental assistant to dental practice owner. When the dentist remarried, his wife had Plaintiff fired because she did not want her working closely with her new husband. The dental practice denied the termination was influenced by the dentist’s wife but admitted that there was no documentary support for Plaintiff’s termination.
- Plaintiff alleged he was terminated as an aircraft supply expeditor because of his race, age, and his complaints about working conditions. Employer argued that the non-discriminatory reasons for his termination were his mistakes which did not improve over six months, and his admitted illegal recording of a meeting in which he was being counseled for his poor performance.
- Plaintiff worked in customer service at a call center. During a scheduled break, she suffered a diabetic seizure in the restroom and was taken to the hospital. When she returned to work, she was given accommodations including a larger work area and the ability to take as many breaks as she needed. Within a month of her seizure, she was terminated for poor performance. Plaintiff alleged disability discrimination and retaliation. Defense counsel secured 95 hours of recorded calls during which Plaintiff bad mouthed the company, gossiped for hours with customers, and told customers how to get around certain roadblocks in securing reductions in their bills or refunds for service to support her for cause termination.