July 6, 2009
  Source:  WorkInjury.com
  ----------------------------------------

3rd Dist. CA:   Can Wrongful Termination Alone Be Basis for Punitive Damages?   This partially published opinion answers the question of whether a jury award for wrongful termination in violation of public policy, without further evidence of the degree of the employer's "bad conduct," can be sufficient for an award of punitive damages. The appellate court ruled that, as a matter of law, a finding of liability for wrongful termination - without a specific showing of malice on the part of the employer - was NOT enough to sustain a punitive damages award. In this case, the evidence showed only that the termination was grounded on an improper reason. The Court said much more was required for punitives: "Thus, in order to sustain the punitive damages award, the evidence must leave no substantial doubt that Phoenix engaged in despicable conduct, or conduct intended to cause injury to [the fired worker]. "'Something more than the mere commission of a tort is always required for punitive damages. There must be circumstances of aggravation or outrage, such as spite or "malice," or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that his conduct may be called wilful or wanton.' [Citation.]" "The only evidence of wrongful conduct directed toward Scott was her termination for an improper reason. This evidence was insufficient to support a finding of despicable conduct, because such action is not vile, base or contemptible." The case is Scott v. Phoenix Schools.   To read the full opinion, → CLICK HERE.    [If links don't work, let us know!]

 

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