Gordon Rees Scully Mansukhani’s San Francisco Employment Team secured a unanimous defense verdict on behalf of the firm’s client, a preeminent healthcare organization. Partners Michael Bruno and Alyson Cabrera served as lead trial counsel, while Partner Sara Moore and Associate Liza Christie handled the pretrial discovery and dispositive motion practice, with support from Paralegal Javier Lopez-Olvera.
In December 2020, the hospital fired the plaintiff, an employee in the Clinical Advice Services Department, following an investigation that revealed that she had been disconnecting patient calls in violation of the hospital’s policies. She claimed that the hospital conducted a faulty and inadequate investigation and terminated her employment in retaliation for complaints she made about unpaid COVID-19 supplemental sick pay. The plaintiff sought lost wages, emotional distress damages, and unpaid wages/penalties.
The plaintiff initially also asserted libel and slander claims against her manager and the hospital, along with a retaliation claim under California Labor Code section 1102.5, all of which the court dismissed by way of GRSM’s summary adjudication motion.
The plaintiff then dismissed the underlying wage claims before trial but advanced claims alleging retaliation in violation of California Labor Code section 98.6 and wrongful termination in violation of public policy, which proceeded to a two-week jury trial in Santa Clara County Superior Court. The plaintiff asked the jury to award $3.5 million for alleged economic damages and emotional distress.
The jury deliberated just 40 minutes before reaching a unanimous defense verdict.