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French Owned TARGET Fined $1 Million in Lawsuit For Firing Natl Guardsman
Verdict for guardsman costs Target $1 million
Oregon Guard
June 20, 2007
The Oregonian
A jury ordered Target Corp. to pay nearly $1 million to an Oregon National Guardsman who claimed he was fired for seeking his old job back after returning from active service.
James Patton sued Target in 2003 under a federal law that prohibits employers from discriminating against military personnel and under state common law for wrongful discharge.
"We're pleased with the outcome and the message it sends to employers of service people," said Mark A. Turner, Patton's Portland attorney.
A Target official said the company would appeal.
"We believe this entire case is completely without merit and no award of damages is appropriate. Target has a strong history of supporting its team members, many of whom are veterans, reservists, or members of the National Guard," Lena Michaud, a Target spokeswoman, said in a statement.
Patton, who worked in Target's Albany distribution center, joined the National Guard following the Sept. 11, 2001, terrorist attacks.
After returning from a two-week term of active service in June 2003, Patton learned that he had been demoted.
After telling his co-workers, Patton contacted employee support from the National Guard about his demotion, but military officials were unsuccessful in their attempts to persuade Target officials to reinstate him.
On July 14, Target fired Patton, telling him that his e-mail to his colleagues was unprofessional and disruptive.
The case went to trial in U.S. District Court in Portland last week.
Jurors agreed with Target officials who said the demotion of Patton had nothing to do with his military service. But they decided that company officials retaliated against him for asking the National Guard to intervene.
The jury on Friday awarded Patton, who now lives in the Seattle area, $84,970 in lost wages, other economic damages and non-economic damages. The jury also ordered Target to pay $900,000 in punitive damages, which are designed to punish bad conduct.
Under Oregon law, 60 percent of punitive damage awards go to the state's crime victim assistance fund.
Target officials said the ruling in no way reflects the company's treatment of employees who serve in the military.
"Regardless of this decision, we will continue our commitment to our military team members by providing a supportive environment, having benefits for activated reservists and National Guard members that surpass those required by law, and donating to charitable organizations that support our men and women in uniform," Michaud said.
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