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Darjee v. Laboratory Corporation of America11/30/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
In this action for wrongful termination in violation of public policy, we partially reverse the judgment for plaintiff Mehmood Darjee with respect to punitive damages only. We reverse the denial of defendant Laboratory Corporation of America's (LabCorp) motion for partial judgment notwithstanding the verdict (JNOV) and enter a partial judgment for LabCorp on the punitive damages claim. In all other respects, we affirm the judgment and the attorney fee order.
FACTUAL BACKGROUND
LabCorp's business depends upon having prompt, reliable couriers retrieve blood samples and other perishable medical specimens on schedule from the physicians and other clients who rely upon LabCorp's medical testing services. Darjee, an at-will hourly employee and courier at LabCorp's Torrance facility, missed two consecutive days of work without giving two hours notice to his immediate supervisor, Robert Urbino, in violation of company rules. Given the late notice, Urbino had to cover Darjee's route himself on both days because it was too late to find a substitute courier.
On the first day of his absence, Darjee asked Urbino to cover for him because he and his child were sick and his wife was hospitalized. Urbino became upset, which he displayed with profanity, and told Darjee that he was calling too late. Urbino, who never spoke directly with Darjee again, then consulted with LabCorp's human resources department and, together with Elizabeth Woodward, LabCorp's human resources associate consultant, and Pamela Aaron, LabCorp's human resources manager for the western region, decided to issue a written reprimand for Darjee's violation of the two-hour notice rule. But when Darjee violated the same rule again the next day, Urbino, Woodward, and Aaron decided to fire him and began preparing the final paperwork and paychecks for his termination. Darjee remained absent from work for two more days without speaking directly to Urbino but left messages with the dispatcher saying that he would be absent.
Woodward discovered that Darjee's wife had given birth on the second day of Darjee's absence when, on the fourth day of his absence, Woodward notified Darjee that he was being fired for not coming to work. Darjee became quite upset and told Woodward that it was unfair to terminate him because his wife had just given birth.
After speaking with Darjee, Woodward immediately notified Aaron of the news that Darjee's wife had just given birth. Given the news of the childbirth, Woodward and Aaron discussed whether Darjee was entitled to take family care leave under the Family and Medical Leave Act of 1993 (29 U.S.C. ยง 2601 et seq.) (FMLA). Aaron decided, however, that Darjee was ineligible for family care leave because "he didn't have 12 months with" LabCorp and had failed to give reasonable notice that he wanted to take family care leave.
LabCorp provides its employees with personal leave benefits which may be taken as paid vacation or sick leave. Darjee, who had five days in his personal leave bank, never informed his supervisors of the number of days that he wanted to take off for the birth of his child.
Darjee, having only worked for LabCorp for 10 months, was not eligible for family care leave unless LabCorp gave him credit for his prior employment at Bio Diagnostic Laboratories (BDL), a company acquired
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