Occupational Therapist Wins $9.3M in Workplace Discrimination Lawsuit After Unlawful Termination

Workplace discrimination and unlawful termination are serious issues that can derail the lives and careers of employees. In fact, 61% of workers in the United States have faced some form of workplace discrimination, and roughly 1 in 5 American workers have experienced wrongful termination at one point in their careers.

Recently, Harlan Hillier DiGiacco helped 69-year-old occupational therapist Marilyn Buron win a staggering $9.3 million verdict in a workplace discrimination lawsuit after being wrongfully terminated while on family leave.

Our firm hopes that this case will not only shed light on the legal protections available for workers but also send a strong message about holding employers accountable for unlawful actions. If you have been discriminated against or wrongfully terminated at your workplace, contact Harlan Hillier DiGiacco online or by calling (619) 330-5120.

An Exceptional Worker Loses Her Job While Caring for Her Son

Marilyn Buron had dedicated her life to helping others as a certified occupational hand therapist. But in late 2020, everything changed.

When Marilyn’s adult disabled son suddenly became critically ill and needed emergency, life-saving surgery, Marilyn did what any caring mother would: she took time off work to be by his side. Her leave was protected under the California Family Rights Act (CFRA), a law designed to ensure workers like Marilyn can care for a loved one without fearing the loss of their livelihood.

But while Marilyn was away from her job, Occupational Health Centers of California, the company she worked diligently at for years, decided to terminate her employment. This termination had nothing to do with her work ethic or performance, both of which were remarkable. The company replaced her with a much younger, less qualified occupational therapist. 

Furthermore, Occupational Health Centers of California didn’t bother to inform Marilyn of their decision until she returned from her family leave, which was over a month after they had already made the choice. When she came back to work, instead of being welcomed, she was demoted. She was assigned fewer patients and given menial tasks, a stark contrast to her previous responsibilities. Eventually, Marilyn was terminated altogether.

Despite the legal protections in place, Marilyn was blindsided by a company that broke her trust, ignored the law, and ultimately dismissed her while she was fulfilling her responsibilities as a mother.

Marilyn’s situation is something we can all relate to. At the end of the day, we are human beings first. We have families, loved ones, and responsibilities that go beyond the workplace. Life can throw us curveballs, and sometimes, we need to take time away from work to care for those who matter most.

Employers need to remember this: life happens, and workers’ rights matter. If you believe your employer has trampled on your rights, get in touch with Harlan Hillier DiGiacco online or by calling (619) 330-5120 today to learn more about how our employment lawyers can fight beside you in a workplace discrimination lawsuit.

Allegations in the Case Against Marilyn’s Employer 

After the shock of her termination settled in, Marilyn partnered with Harlan Hillier DiGiacco to confront her employer. With our support, she filed an unlawful termination lawsuit, determined to fight back against the mistreatment she suffered. Her case was based on several key allegations: 

• Violation of the CFRA: Marilyn’s family leave was protected under the CFRA. Therefore, her employer broke the law and violated her rights when they fired her.
• Age Discrimination: Marilyn, at 69 years old, was replaced by someone 41 years younger. Marilyn believed her age played a significant role in the company’s decision to terminate her.
• Disability Discrimination: She alleged that the company discriminated against her based on her association with a disabled person.
• Retaliation: Finally her case accused the company of retaliating against her for opposing the unlawful termination. 

About the $9.3 Million Discrimination Lawsuit Award

Marilyn’s workplace discrimination lawsuit wasn’t just about money; it was about showing employers everywhere that they would be held accountable for unlawful actions. 

The defendants tried to justify their termination of Marilyn by claiming she refused to work full-time and was placed in an “as-needed” role, but the truth was clear: her firing was a direct violation of her rights under the California Family Rights Act.

Before the trial, they offered a meager $500,000 settlement, which Marilyn rejected. Even when they raised the offer to $5 million, she stood firm, choosing to let the jury decide. Her unwavering stance led to the historic $9.3 million discrimination lawsuit award, sending a powerful message that discrimination and unlawful termination will not be tolerated.

Harlan Hillier DiGiacco: Empowering Workers to Stand Up for Their Rights

This case is a stark reminder that employers must respect the balance between work and life. When a company fails to understand the basic need for compassion and flexibility during important life events, it’s not only a legal issue but a matter of basic human decency. 

We deserve the right to care for our families without the fear of losing our jobs. We hope that this $9.3 million verdict will make employers think twice about not abiding by laws that uphold workers’ rights. This victory, among others, drives our firm’s mission to improve workplaces for employees everywhere. 

If you’ve found yourself in a similar situation or believe your rights as a worker are being violated, contact Harlan Hillier DiGiacco today online or by calling (619) 330-5120. 

Related Resources

If you found this workplace discrimination content helpful, please view the related topics below:

• San Diego Employment Discrimination Lawyer
• Family, Medical, and Parental Leave in California
• San Diego Wrongful Termination Lawyer

Contact us if you have specific questions on the matter or if you’d like to schedule a free consultation.