Kelley v. Merle Norman Cosmetics, Inc., EDD Appeal
Feb 11, 2014
OUTCOME: Plaintiff prevailed
Stephanie Kelley was fired when attempting to return to work following a medical leave. Merle Norman claimed she "constructively quit" because her lawyer requested information relevant to her return t...o work. The Court of Appeal, in a published opinion, found that Kelley was entitled to EDD benefits and had not constructively quit. The Court noted that even if Pam Teren was "playing poker" this was not a constructive quit.
Employment and labor
Kelley v. Merle Norman Cosmetics - Civil Case
Mar 15, 2013
OUTCOME: Plaintiffs verdict for $1,055,236.
FACTS: Plaintiff Stephanie Kelley was employed as Merle Norman's Director of Marketing from September 2007 through November 18, 2010. The Plaintiff claimed that Jack and Helen Nethercutt, which she fo...und offensive, subjected her to verbal sexual comments. The Plaintiff further claimed that Helen Nethercutt told her that her subordinate manager needed to wear bras that better featured her chest. Thereafter, Helen Nethercutt told the Plaintiffs subordinate directly. The Plaintiff and her subordinate manager reported this to human resources. Thereafter, the Plaintiff claimed she was subjected to hostility and retaliation.
The Plaintiff emailed the company and the Department of Fair Employment and Housing (DFEH), asking the DFEH to investigate Jack and Helen Nethercutt for sexual harassment. Thereafter, attorney Robert Baker, stating that he was writing on behalf of Merle Norman Cosmetics, demanded that the Plaintiff retract the statement made in connection with the request that the DFEH investigate, specifically, her statement that Jack and Helen Nethercutt had been implicated in several sexual harassment complaints. Baker's letter stated that if the Plaintiff did not immediately retract her statement, Merle Norman, Jack and Helen Nethercutt "would pursue all legal remedies" against her. The following week, Merle Norman's COO and Human Resources Director reiterated the Baker letter and a demand that the Plaintiff apologize for making the statement. The Plaintiff began a medical leave of absence shortly afterwards.
During Kelley’s leave of absence, Merle Norman placed her under surveillance and demanded that she undergo a medical examination by a doctor Merle Norman selected. The Plaintiff refused to undergo the medical examination.
At trial, Merle Norman argued that Teren's emails were a superseding cause of the Plaintiffs termination, such that Merle Norman could not be held responsible. Merle Norman also argued that the Plaintiff quit or "terminated herself' both in the trial and in EDD hearings. Due to appeals, including Merle Norman's current appeal of a ruling granting the Plaintiff EDD benefits, the Plaintiff has received almost no unemployment benefits despite having been unemployed since Nov. 18, 2010.
PLAINTIFF'S CONTENTIONS: The Plaintiff claimed that she was subjected to retaliation and sexual harassment and that she suffered damages.
DEFENDANT'S CONTENTIONS: The Defendants claimed that the Plaintiff retention of company documents on her personal computer, which documents she used to perform work at her home and while traveling, would have resulted in the Plaintiff's termination; that the emails were the cause of the Plaintiffs termination; and that the Plaintiffs DFEH charges against the individual defendants were untimely.
JURY TRIAL: Length, 18 days; Poll, 12-0 (retaliation), 12-0 (failure to prevent retaliation), 9-3 (damages), 9-3 (emotional distress); Deliberation, six days
Sexual harassment
Lefkir v. County of Los Angeles/Rancho Los Amigos Hospital
Feb 01, 2011
OUTCOME: Jury awarded Lefkir $1,036,000.00 in damages and the court awarded $173,000 in attorneys' fees; the case was resolved during the pendency of defendant's appeal
Lefkir was a LVN who reported and opposed mistreatment of patients and was harassed based on his national origin (Algerian), religion (Muslim), and gender (male). Female nurses mocked him, called him ..."gay" and made inappropriate sexual remarks to him. When he reported the harassment, he suffered retaliation and ultimately was forced to resign.
