Former Desperate Housewives star Nicolette Sherridan will have her day in court after a court ruled that her wrongful termination lawsuit against ABC and the creator of the hit TV show could go to trial. However, the judge threw out her sexual harassment and assault claims.
The case arises out of an incident that allegedly occurred in September 2008. According to Sherridan, the creator of the show, Marc Cherry, had an argument with her on the set. Soon after, she alleges, her character in the show was killed off in an accident, and she was fired. She also alleged sexual harassment and assault.
According to attorneys for ABC and Cherry, the decision to terminate Sherridan's character in the show was related to budgetary concerns, and was one that had been made long before the argument between Sheridan and Cherry took place. Sherridan disputes those arguments, because her character was killed off midseason, when she was still owed hundreds of thousands of dollars on her contract.
Now, Los Angeles Superior Court Judge Elizabeth Allen White has held that her wrongful termination claim has enough merit to go to trial. However, the sexual harassment and assault claims have been rejected. Sherridan will now be seeking damages for wrongful termination, battery and unlawful retaliation claims. She may even be eligible for punitive damages. The trial will begin on June 8th.
Employer-employee relationships in California are “at will” which means that the employer can terminate the services of the employee for any reason as long as these are not illegal or discriminatory. This can pose a challenge to a wrongful termination claim. There are some things that an employee can do to help ensure a successful wrongful termination claim. For instance, it would help your California wrongful termination attorney if you retain copies of any correspondence involving your employment, including employment letters, employee handbooks, performance evaluations and other documentation involving your job.
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