Settlement After A Three Week Trial In a Workplace Sexual Harassment Case


$800,000 — Settlement After A Three Week Trial In A Workplace Sexual Harassment Case —

Plaintiff was a 40 year old woman who was allegedly sexually harassed while employed at a large investment firm. She had to endure numerous sexually harassing comments from her supervisor, and, finally, her supervisor pushed her up against a wall and attempted to kiss her.

After she reported the sexual harassment, plaintiff was transferred to another branch and was fired within six weeks for allegedly engaging in illegal activity.

The defense claimed that the sexual harassment did not exist, however, even if one were to believe plaintiff’s allegations, the sexual harassment was not severe and pervasive enough to warrant a monetary recovery. Further, the defense denied that there was any retaliation in plaintiff’s termination, and, that plaintiff’s termination was mandatory given the nature of her “proven violation” of policy.

The defense refused to take this case seriously and only offered six thousand dollars to settle at the first mediation. After extensive discovery and investigation, the Law Offices of Winer, McKenna & Burritt, LLP took this case to trial. Three weeks (approximately 2/3) into the trial John D. Winer discovered while cross-examining one of the defense witnesses that the defendant had failed to turnover key documents as part of the discovery process. Based on defendant’s failure to follow California discovery laws, the judge ordered a mistrial and set a hearing in which he would have, in all likelihood, awarded plaintiff attorneys over $500,000 in fees for the time spent litigating and trying the case.

The case then settled at a mediation before the court hearing.

RESULT: $800,000 settlement on behalf of Plaintiff.

*Many of the cases that Winer, McKenna & Burritt, LLP, has settled are highly confidential. In order to provide consumers with an accurate list of settlements, we have accurately stated the amount of the settlement and the facts of the case, but we have changed the location of the cases and the industry of the companies we have sued to make the identification of the actual company impossible.