Juan Manuel Reyes, a sewing machine operator for Los Angeles sport jacket manufacturer J.H. Design Group, left work for two hours to testify on behalf of a former co-worker at an unemployment hearing. Reyes said that he took off during a morning break and didn’t punch out or notify a supervisor for fear of retribution. According to Reyes, however, J.H. Design knew he was at the hearing because the company’s general manager spotted him there. When he returned to the job later that day, he was fired along with two other employees who also left work to attend the hearing.
Big Verdict For Worker
Reyes sued, claiming he was fired in retaliation for going to the hearing. He pointed to a California statute that prohibits terminating workers for attending unemployment benefits proceedings. J.H. Design, however, argued that Reyes was discharged for leaving work without permission. Plus, the company said it was dissatisfied with his performance and that a recent production slowdown had caused worker layoffs. A jury sided with Reyes and awarded him a modest $3,800 for lost wages because he got a new job in about five weeks. But the jury also tacked on $128,000 in punitive damages. Plus, J.H. Design was ordered to pay Reyes’ attorneys’ fees of about $42,000, for a total award of almost $174,000.
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3 Lawsuit Prevention Strategies
You can help avoid expensive retaliation lawsuits if you:
- Act cautiously. Never take adverse action against employees who testified against you at a hearing, whether the issue is discrimination, unemployment, workers’ compensation, health and safety, or a wage dispute. This same warning applies to employees who instigate or cooperate in a government investigation. And be sure supervisors know it’s illegal to retaliate.
- Carefully enforce written attendance and break policies. Clearly spell out your break policy, including the requirement that employees obtain a supervisor’s advance permission for longer absences. Also state that failure to follow company policy may lead to termination. But if an employee leaves the job without permission to attend a hearing as in this case, it’s safer to discipline the worker for violating your policies than to fire the person for an isolated infraction.
- Document misconduct and performance problems. According to Neil C. Newson, Reyes’ Beverly Hills attorney, J.H. Designs didn’t have records to back up the performance-related reasons it gave for the discharge. This may have made it harder for the jury to accept the employer’s side of the story.