Breach of Duty of Loyalty: Defendant worked for Plaintiff as an assistant editor. While still employed by Plaintiff, Defendant secretly wrote articles for a competing publication. Plaintiff was damaged by loss of advertisers to the competing publication, by being deprived of articles written that should have been published by Plaintiff, and for paying Defendant her full salary when her work was compromised by her work for a competitor.
Disability Discrimination: Plaintiff worked for Defendant for 5 years. For the first 4 years of his employment he received positive job performance appraisals and merit increases. Plaintiff filed a worker’s compensation claim because of carpal tunnel syndrome in his left hand and requested accommodations from Defendant for his injuries. No help or accommodation was provided, and Plaintiff was subsequently fired.
Racial Discrimination, Retaliation, and Harassment: Injuries and damages suffered by Plaintiff were alleged to have been caused by the racially hostile and offensive conduct of the Defendants.
Wrongful Termination: Plaintiff was former COO and VP and is a current stockholder/owner of company. Based on Defendant’s promise of employment, Plaintiff took out a home equity loan to help the company with a cash flow problem. Plaintiff’s employment was terminated after he requested payment for accrued commissions and vacation pay. Defendant claimed that Plaintiff’s contract was not renewed because of his lack of management skills and his inability to get along with Defendant’s wife, who had taken over management responsibilities.
Pregnancy Discrimination: Plaintiff alleged a violation of pregnancy disability leave law, sexual discrimination, wrongful termination, and retaliation. Defendant claimed no liability and asserted a “clerical error” that occurred when the restaurant that Plaintiff had worked at changed ownership as the reason she was not rehired.
Age Discrimination: Plaintiff was General Manager of a country club and had been employed by them for almost 17 years. Plaintiff claimed he was terminated based on age discrimination, retaliation for firing the Board President’s son, and for blowing the whistle on the Board President for allowing a third party to review employee files. The Defendant maintained that the Plaintiff was not performing his job satisfactorily and was resistant to the implementation of new ideas to enhance the Club experience.
Disability Discrimination: Plaintiff was born with cerebral palsy and has limited use of her right hand. She worked at a call center inputting information into their computer system using a keyboard and mouse solely with her left hand. After carpal tunnel surgery on her left hand, her doctor recommended that she be given voice recognition software as an accommodation. Plaintiff sought damages for lost wages and emotional stress. She claimed discrimination because of her disability, that Defendant failed to reasonably accommodate her disability, and that Defendant failed to engage in the interactive process to determine effective reasonable accommodations for her disability.
Federal Employers Liability Act (FELA): Plaintiff attempted to operate a lever on a rail car that was in defective condition and malfunctioned, causing severe injuries to his right arm and elbow. Defendants failed to maintain, inspect, and repair lever which caused Plaintiff’s injuries.