Employee terminated after taking time off for surgery: Violation of state statute: Postverdict settlement

Law Reporter, Mar 2004

Wang v. Sony Elec., Inc., Cal., Los Angeles County Super. Ct., No. BC220918, Aug. 1, 2003.

Wang, 54, had worked for Sony Electronics, Inc. (Sony), as a technician for over 14 years. Wang needed back surgery and exercised his right to take leave under California's Family Rights Act, Cal. Gov't Code § 12945.2. When he returned from leave, Sony terminated Wang's employment.

Wang, who had earned $55,000 per year as a technician, was fired shortly before his medical benefits vested. His lost income is estimated at $430,000.

Wang filed suit against Sony, alleging retaliation in violation of the Family Rights Act. Defendant contended that the employment decision reflected plaintiff's history of poor work performance and was not related to his taking leave.

The court granted defendant summary judgment, and a state appellate court reversed. A jury then awarded plaintiff $1.45 million. Before the jury considered punitive damages, the parties settled for a confidential amount.

Plaintiff's economics expert was Ted Vavoulis, Pasadena, Cal.

Plaintiff's Counsel

* Charles T. Mathews, Pasadena, Cal.

Jeffrey A. Rager, Pasadena, Cal.