The plaintiff, a 60-year-old Senior Product Designer with 20 years of service, was summarily dismissed for cause following a co-worker's complaint of inappropriate comments.
The employer concluded the comments were harassing and required the plaintiff to undergo training and apologize.
After the plaintiff, through counsel, agreed to training but refused an apology admitting wrongdoing, the employer terminated his employment for "irreparable breakdown in the employment relationship," citing inappropriate comments, lack of remorse, and insubordination.
The court found that the plaintiff's conduct did not justify summary termination for cause, noting the employer's apparent motivation was the plaintiff consulting a lawyer rather than the alleged harassment.
The court awarded the plaintiff 20 months' notice in damages, declining to reduce for mitigation given the specialized field and lack of employer support, and denied aggravated or punitive damages.
