$1.47 Million Verdict Against UPS After Idaho Employee Fired in Violation of State Public Policy

Darel Hardenbrook worked for United Parcel Service in Idaho alongside co-workers Paul Gooch and Robert Orloff. When UPS ended his employment, Hardenbrook believed the termination crossed a legal line that Idaho courts have long recognized: an employer cannot fire a worker for reasons that violate a clear mandate of the state's public policy. He and his co-workers sued UPS in federal court in Boise in December 2007, asserting wrongful termination in violation of public policy alongside related contract claims.

The case moved through discovery and pre-trial proceedings before Judge Candy W. Dale in the District of Idaho. In 2009, the court denied Hardenbrook's bid to add a punitive damages claim while the parties continued preparing for trial. Orloff's claims did not survive summary judgment. Hardenbrook's public policy wrongful termination count was the claim that ultimately went before a jury.

The trial ran seven days. Rossman Law Group's Eric Rossman represented Hardenbrook, laying out the evidence of why the firing violated Idaho's public policy protections for employees. The jury sided with Hardenbrook on that core claim.

On the damages side, the jury awarded $40,000 in back pay for wages Hardenbrook lost between his termination and the verdict. It then awarded $1,436,367 in front pay, compensating him for the career earnings he would forfeit going forward because of the unlawful discharge. The combined judgment totaled $1,476,367.

UPS appealed. The Ninth Circuit heard argument in Seattle on May 7, 2012, and issued an unpublished memorandum disposition on July 24, 2012, affirming the district court judgment. The $1,476,367 award stood.