Family Medical Leave Act
An employee at a computer parts manufacturer, who was on probation for poor performance and absenteeism, missed work for three weeks. From time to time, she called her supervisor to say she would not be at work because she was caring for her son who had contracted a contagious infection. Upon her return to work, the employee was unable to provide medical documentation, except for attendance at a single doctor's appointment, and she refused to release information about her son's medical condition. She was terminated by the employer due to excessive absences. The employee filed a lawsuit under the Family Medical Leave Act, and named as defendants the company, her immediate supervisor, the Director of Marketing, that person's supervisor, the Vice President of Sales, and the Director of Human Resources. All defendants prevailed at trial and on appeal, but defense costs incurred by the computer parts manufacturer reached $425,000.

Hostile Work Environment
A service company received a formal complaint from an employee alleging that he had been subjected to a hostile work environment and sexual orientation discrimination during his employment. The plaintiff alleged his supervisor made hostile comments about gay people. The plaintiff contended that his supervisor reduced his stock options and sales territory and he was treated in a hostile manner during sales meetings. The plaintiff reported these incidents to the President, but that person refused to look into the matter and take any action. The plaintiff was constructively discharged immediately after he complained. The plaintiff alleged six causes of action: hostile work environment, discrimination based on sexual orientation, retaliation, intentional infliction of emotional distress, failure to pay commission and wages, defamation and negligent training and supervision. The defense and settlement of this case exceeded $300,000.

Hostile Work Environment
A female employee at a family-owned chain of equipment rental stores claimed that a male supervisor offered to improve her performance evaluation in exchange for sexual favors. According to the employee, after she refused, her evaluations worsened and she ultimately was fired. She sued both the company and its CEO under state civil rights laws. She claimed that the CEO was personally liable for damages because he knew or should have known about past incidents of sexual harassment by the male employee, and failed to terminate or otherwise discipline him. Rather than face the expense and risk of trial, the company and the CEO settled all claims against them for $200,000. In addition, defense costs incurred were $100,000.

Defamation
The plaintiff alleged that her prior company had taken steps to damage her reputation and improperly interfered with her ability to obtain other employment. In particular, the plaintiff alleged that the company had spoken with several competitors and disclosed the reasons for her termination. The complaint was comprised of several causes of action, including: tortuous interference; defamation and wrongful interference with the plaintiffs' livelihood and reputation; and violation of privacy. The plaintiff agreed to a settlement of $125,000, and defense costs exceeded $25,000.

Illegal Employment Practices
An employee of a small publishing company filed a charge with the Equal Employment Opportunity Commission (EEOC) against her former employer. The claimant alleged that she resigned from her position as office manager because the company engaged in illegal employment practices that made her work environment intolerable. She alleged that the company refused to hire or even consider males for the receptionist position. The claimant also alleges that the owner made degrading comments to a male employee who sat at the receptionist's desk. The claimant alleges she has been discriminated against on the basis of her gender. Although the parties settled out of court, the total cost of this claim was in excess of $100,000.

Discrimination Based on Disability
The plaintiff in this case was terminated while out on medical leave due to an injury that had occurred at work. The plaintiff asserted that he was the victim of numerous discriminatory and harassing actions and remarks regarding his disability. The plaintiff alleged he was advised that if he filed a workers' compensation claim he would be terminated. The plaintiff was in fact terminated without disability benefits after he filed a workers' compensation claim. The complaint was comprised of three causes of action; including: discrimination based on physical disability; tortuous termination; and specific violation of state laws. The defense and settlement exceeded $75,000.

Americans with Disabilities Act
A computer systems analyst at a mid-size consulting firm suffered from panic disorders and other psychological disabilities. Purporting to invoke the Americans with Disabilities Act, he requested a transfer to a less stressful position. The company denied his request but indicated that it would endeavor to accommodate him in his current position. Thereafter, the employee claims that his supervisors began giving him less challenging work and refused to offer him the additional training that other systems analysts were receiving. When a Vice President for Human Resources issued a written warning because the employee was found sleeping on the job, the employee sued, alleged retaliation and claimed that the drowsiness was a side effect of his medication and that the company must accommodate him because of it. Although the company and its officers ultimately won at trial and on appeal, the defense costs totaled more than $275,000.

Wrongful Termination in Violation of Public Policy
An employee was fired two hours after he informed his supervisor that he had just been involved in a car accident and would not be able to report to work and perform his job. The employee was informed that he was being fired because of a slow down in business. The claimant filed a charge against the company with the EEOC. The claimant asserted that the explanation of his termination was false and he was terminated because of his national origin and his disability. The complaint was comprised of two causes of action for wrongful termination in violation of public policy and state code; and discrimination. Defense costs and settlement payments exceeded $25,000.