CA court upholds $500K award for terminating employee with cancer

A trial court recently hit a company with $15,000 in economic damages and $500,000 in punitive damages for wrongfully terminating a former employee based on her medical condition. The employer appealed, claiming the punitive damages award was excessive.

Facts

In May 2011, CIA Wheel Group (CWG) hired Maria Teresa Lopez as a sales representative. In October 2012, Lopez took a three-month medical leave for cancer surgery, and when she returned to work, she underwent chemotherapy once every three weeks. She lost her hair because of the chemotherapy, wore a wig or scarves to work, lost weight, and walked more slowly.

By August 2013, Lopez had completed chemotherapy but attended follow-up medical appointments approximately twice a month. In November 2013, CWG terminated her employment. Her supervisor, A.J. Russo, stated the discharge was performance-related, but Lopez believed she was being fired because she had cancer.

Lopez’s personnel file didn’t include any written performance warnings or disciplinary actions. During her three years with CWG, she was the highest-producing salesperson in the Los Angeles office. Before she took medical leave, Russo praised her work and was agreeable when she asked for time off. Following her return from medical leave, the supervisor made negative comments to both her and other employees about Lopez taking time off for medical appointments, and he would roll his eyes and breathe heavily as if frustrated.