Tom represented a ten year-long employee, a salesperson, who suffered from a form of cancer. She took an appropriate medical leave of absence to receive chemotherapy and radiation therapy. The employer forced Tom’s Client to return to work or risk losing her job, in spite of the fact that she continued to require and receive treatment for her cancer. Her twelve weeks of family medical leave had expired. Within five months of Tom’s Client’s cancer treatment, her employer hired another sales representative for the same territory as Tom’s Client. Her employer increased the number of sales representatives from three to four in the same territory. Within one year of the diagnosis of Tom’s Client, the employer chose to keep, in a reduction of force, the new sales representative – and chose to terminate the employment of Tom’s Client.
The first attorney for Tom’s Client withdrew from representing her, telling her that the case “was un-winnable.” Tom accepted her case, defeated summary judgment, and proceeded to trial. The Employer offered only $10,000 before trial. After 5 days of trial in Federal Court, the Honorable Judge awarded Tom’s Client:
• $500,000 for emotional distress
• $366,300 for loss of wages
• $750,000 for punitive damages
Tom obtained a total judgment of $1,616,300 for his Client.
The court found that the Defendant employer terminated the Plaintiff due to her cancer which constitutes medical condition discrimination, and that the Employer violated the public policy of the State of California with respect to wrongful termination.