Worker fired after reporting employer's allegedly illegal activities: Retaliatory discharge: Lost pay, benefits: Verdict: Punitive damages

Law Reporter, Apr 2000

Worker fired after reporting employer's allegedly illegal activities: Retaliatory discharge: Lost pay, benefits: Verdict: Punitive damages. Silva v. American Fed'n of State, County & Mun. Employees, U.S. Dist. Ct., D.N.M., No. CIV 98-0579 JC/KBM (ACE), June 17,1999.

Silva, 43, a labor union organizer, was fired after contacting law enforcement officers about allegedly illegal activities at the union. He had earned about $70,000 per year as a union organizer and is now a building contractor earning about $18,300 annually.

Silva sued the union, alleging retaliatory discharge. He sought damages for front pay, back pay, and lost benefits. Defendant contended plaintiff was discharged for refusing to accept a transfer.

The jury awarded about $1.62 million, including $1 million punitive damages.

Plaintiff's economics expert was William Patterson, Albuquerque, N.M.

The court denied defendant's motion for an order granting a new trial and vacating the punitive damages award or, in the alternative, a remittitur of the punitive damages award. Plaintiffs Counsel

*Daniel Faber, Albuquerque, N.M. Robert Pidcock, Albuquerque, N.M.

Copyright Association of Trial Lawyers of America Apr 2000
Provided by ProQuest Information and Learning Company. All rights Reserved

 

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