Archives: punitive damages

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How to Minimize Exposure to Jury Verdicts with Internal Investigations

It is more important than ever that employers conduct internal investigations of workplace complaints and take appropriate action when there is cause to do so. Proper investigations and thorough pre-litigation assessments can help employers minimize exposure to unfavorable jury verdicts and awards. A case from the U.S. District Court for the Southern District of New York, in which … Continue Reading

Massachusetts Jury Returns Unprecedented $28 Million Verdict for Retaliation Claim

A Suffolk County jury recently awarded a Haitian–American nurse an unprecedented $28.2 million in total damages on her claim of retaliation against Brigham & Women’s Hospital, her former employer. At the same time, the jury rejected the nurse’s claim of race discrimination. This verdict serves to emphasize what most employment litigators know from experience: juries … Continue Reading

Restaurant Chain’s Spoiled Internal Investigation Leads to $8M Jury Award for Fired Employee

A Fresno, California jury has awarded nearly $8 million to former Chipotle employee Jeanette Ortiz on her claim of wrongful discharge. The jury found Chipotle had fired Ortiz in retaliation for her filing a worker’s compensation claim of carpal tunnel syndrome. It also found Chipotle falsely accused Ortiz of stealing money to disguise the unlawful … Continue Reading

Reward for Highest Score: No Promotion, But $1.2 Million Jury Verdict

A long-time New Jersey police department employee applies for a promotion to captain. On the promotional exam, he scores higher than any other applicant. He isn’t promoted. His consolation prize, however, is a jury verdict of more than $1.2 million in state court last month. In Downing v. Borough of Roselle and Chief Gerald Orlando, Bradley … Continue Reading

OSHA Says Lawsuits Constitute Adverse Action Too

Not only is the Occupational Safety and Health Administration (OSHA) continuing to crack down on employers suspected of retaliating against employees who blow the whistle and will not hesitate to pursue litigation on behalf of employees, OSHA considers lawsuits against whistleblowers to constitute adverse action for purposes of finding unlawful retaliation. In a case brought … Continue Reading
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