Fired Employee Wins $10 Million Verdict

February 2017

This month our client won a $10,000,000 verdict: $2.0 million for general damages and $8.0 million for punitive damages.

Plaintiff Mark Flores, a 58-year-old ex-Supply Chain Supervisor and 17-year employee, was placed on a contrived performance improvement plan just four work days after returning from medical leave for neck surgery, then terminated two months later. Mr. Flores angered his supervisor by taking a medical leave and by complaining to Human Resources after his supervisor directed Mr. Flores to “performance manage out” two older employees.

Human Resources failed to conduct a good-faith investigation in response to Mr. Flores’ complaints of discrimination and retaliation, despite the fact that the supervisor failed to document any prerequisite counseling or coaching prior to issuance of the performance improvement plan, and despite Mr. Flores’ long history of performance evaluations which “met” or “exceeded” expectations.

The jury awarded Mr. Flores $2.0 million for wrongful termination and retaliation based on protected complaints and conduct under the Fair Employment and Housing Act and the California Family Rights Act, and based on a failure to prevent discrimination and retaliation. The jury awarded an additional $8.0 million in punitive damages.