BREACH OF EMPLOYMENT CONTRACT/$301, 378.00 (November 2010)

#1338554, Carlos Cifuentes v. Costco Wholesale Corp. et al. filed 7/23/09

Plaintiff’s Attorney: Edward Lowenschuss

Defendant’s Attorney: Jeffrey Dinkin

Verdict: $301,378.00                                           Dept. 3

Food court service clerk sued for breach of employment contract, claiming retaliation for cooperating in an internal investigation after he reported violations of company’s anti-harassment policy, arising from Plaintiff witnessing a senior manager kissing a female employee on the premises that occurred outside the view of surveillance cameras.  The same manager Plaintiff reported later accused Plaintiff of “soda grazing” (eating unpurchased food) resulting in Plaintiff’s termination. Plaintiff claimed that he was merely testing soda based on a customer complaint. Plaintiff had no prior history of discipline. Plaintiff alleged he was wrongfully terminated as a non-probationary employee because he could not be terminated without cause or without a senior vice-president’s review after investigation.  Court granted Defendant’s motion for summary judgment and summary adjudication on wrongful termination, defamation, intentional infliction of emotional distress, negligence and punitive damages. Defendants maintained that the termination was with sufficient cause based on their claim of Plaintiff’s dishonesty and alleged violation of the store’s grazing policy, and the outcome would have been the same even if there had been an independent review by a senior vice-president.  Jury found Defendant breached the employment agreement, finding retaliation, termination without cause and without prior review by a senior vice president. Jury awarded $28,125.00 past loss of earnings and $273,253. 00 future loss of earnings. Plaintiff served a statutory 998 demand of $265,000.00. Defendant offered a waiver of costs.

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