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Ex-Chipotle manager, accused of stealing $626, gets $8 million for wrongful termination

Posted on 5/14/18 at 9:24 am
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19197 posts
Posted on 5/14/18 at 9:24 am

quote:

For years, Jeanette Ortiz was a loyal, hardworking general manager for Chipotle Mexican Grill on Shaw Avenue across from the Fresno State campus.
quote:

But in January 2015, Ortiz was fired, accused of stealing $626 in cash from the restaurant's safe, said a lawyer for Chipotle Mexican Grill Inc. There was even video evidence to prove Ortiz's theft, the lawyer said.
quote:

But when Ortiz denied stealing the money and asked to see the video evidence, her bosses at Chipotle declined. Instead, the company destroyed the video evidence, said Fresno attorneys Warren Paboojian and Jason Bell, who represent Ortiz in a wrongful termination case she brought against the fast-food giant.
quote:

On Thursday, Fresno County Superior Court jurors ordered Chipotle to pay Ortiz nearly $8 million in damages, ruling that she was not a thief, but was a victim of a scheme to fire and defame her for filing a worker's compensation claim for a job-related injury to her wrist caused by carpal tunnel syndrome.
quote:

But the trial isn't over. Both sides return to Hamilton's court on Monday to determine how much Chipotle must pay in punitive damages to Ortiz. Courts assess punitive damages to deter reprehensible acts, like what the jury determined Chipotle did to Ortiz, from happening again.
LINK
Posted by TH03
Mogadishu
Member since Dec 2008
171037 posts
Posted on 5/14/18 at 9:26 am to
quote:

to see the video evidence, her bosses at Chipotle declined. Instead, the company destroyed the video evidence,


So they fired her without being able to prove the cause.
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 5/14/18 at 9:28 am to
quote:

$8 million in damages


If she made 50,000 a year for being the manager of that chipotle, and she became manager at 35, and the average life span of a human is 79 years and you retire at 65, then she just won 5 and a half lifetimes worth of salary.

That's insane. Why wouldn't the maximum penalty be capped at 1.5 million: 50,000 for 30 years?
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 5/14/18 at 9:28 am to
quote:


So they fired her without being able to prove the cause.


I have never understood why this is a problem to some people.
This post was edited on 5/14/18 at 9:29 am
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 5/14/18 at 9:28 am to
Which generally isn't a big deal unless the cause is a pretense for unlawful discrimination or retaliation.
Posted by Scooba
Member since Jun 2013
19999 posts
Posted on 5/14/18 at 9:28 am to
quote:

So they fired her without being able to prove the cause.



But

quote:

$8 million


Posted by teke184
Zachary, LA
Member since Jan 2007
95833 posts
Posted on 5/14/18 at 9:28 am to
Beyond that, they apparently framed her as retribution for filing a workman’s comp claim.

NLRB is going to have a field day with this one.
Posted by Koach K
Member since Nov 2016
4093 posts
Posted on 5/14/18 at 9:28 am to
Spoliation land is not somewhere a giant company wants to end up. But hey, they pay white shoe law firms big bucks to give mediocre to slightly below average advice.
Posted by fjlee90
Baton Rouge
Member since Nov 2016
7838 posts
Posted on 5/14/18 at 9:28 am to
Posted by Paul B Ammer
The Mecca of Tuscaloosa
Member since Jul 2017
2423 posts
Posted on 5/14/18 at 9:28 am to
One person is stupid.

But a group of people...
Posted by LSUJuice
Back in Houston
Member since Apr 2004
17673 posts
Posted on 5/14/18 at 9:29 am to
quote:

the company destroyed the video evidence

So it's essentially $8 million for stupidity damages.
Posted by lsupride87
Member since Dec 2007
95532 posts
Posted on 5/14/18 at 9:29 am to
quote:

So they fired her without being able to prove the cause.
And not only that, suposedly, according to her lawyer(which could be a lie who knows), it was after she filed a workers comp issue for a worker.


Basically, the law does not frick around if they think you are a large company trying to infringe on workers rights
Posted by TH03
Mogadishu
Member since Dec 2008
171037 posts
Posted on 5/14/18 at 9:29 am to
quote:

Which generally isn't a big deal unless the cause is a pretense for unlawful discrimination or retaliation.


quote:

ruling that she was not a thief, but was a victim of a scheme to fire and defame her for filing a worker's compensation claim for a job-related injury to her wrist caused by carpal tunnel syndrome.
Posted by dfintlyHmmrd
Jigga City
Member since Dec 2016
1408 posts
Posted on 5/14/18 at 9:29 am to
quote:

Why wouldn't the maximum penalty be capped at 1.5 million:


Because then it wouldn't really be a penalty for Chipotle. 8 million is still nothing for them.
Posted by Huey Lewis
BR
Member since Oct 2013
4655 posts
Posted on 5/14/18 at 9:29 am to
Got to pay the ambulance chasers baw.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 5/14/18 at 9:30 am to
It’s a deterrent, but yes it’s excessive. She won’t get that much.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 5/14/18 at 9:30 am to
Ok?
Posted by moneyg
Member since Jun 2006
56564 posts
Posted on 5/14/18 at 9:30 am to
quote:

That's insane. Why wouldn't the maximum penalty be capped at 1.5 million: 50,000 for 30 years?



punitive
This post was edited on 5/14/18 at 9:31 am
Posted by TH03
Mogadishu
Member since Dec 2008
171037 posts
Posted on 5/14/18 at 9:30 am to
$8 million is nothing for Chipotle.

Did she deserve that much? No. But you can't just punish them for a smaller amount.

Maybe give her a million and make the rest go to charity or something.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19197 posts
Posted on 5/14/18 at 9:31 am to
quote:

So it's essentially $8 million for stupidity damages.
Must be doing this to show other employers what could happen if they do something like this. It's a little steep in my opinion.
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