As 2025 winds down, many employers are focused on year-end reviews, budget planning, and compliance checklists for the year ahead. But before turning the page on another year in California employment law, two recent jury verdicts serve as a sobering reminder of the continuing trend of nuclear verdicts as we have previously reported here, herehere, and here. Consider this your post-Halloween employment law scare alert: from age bias to failure to accommodate, California juries are proving again that they’re not afraid to send employers home with verdicts that rival lottery jackpots.

Verdict No. 1: $103 Million Thermonuclear Award in Age Bias Case: A Los Angeles jury has awarded a former longtime employee $103 million in damages after finding that the company discriminated against and harassed her based on her age, an amount the plaintiff’s lawyers say is among the largest age discrimination verdicts in history. As is often the case, the punitive damages awarded dwarf the compensatory damages. In this case, the jury awarded $83 million in punitive damages compared to the $20 million in noneconomic compensatory damages.

Verdict No. 2: $32.3 Million Nuclear Award in Accommodation Case: Also making waves is a $32.3 million verdict in a California case involving allegations of disability discrimination, retaliation, failure to accommodate, and failure to engage in the interactive process. The jury delivered a $32.3 million verdict, $24 million of which were punitive damages.

These recent examples, one truly “nuclear” and one solidly “thermonuclear,” underscore the increasingly common eye-popping single-plaintiff jury awards that continue to define employment litigation in California—to which the antidote is an enforceable arbitration agreement.

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Photo of Mark Theodore Mark Theodore

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice…

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.

Some recent highlights of his career include:

  • Successfully defended client against allegations that it had terminated a union supporter and isolated another. T-Mobile USA, Inc., 365 NLRB No. 15 (2017).
  • Successfully appealed NLRB findings that certain of client’s written policies violated the National Labor Relations Actions Act.  T-Mobile USA, Inc., 363 NLRB No. 171 (2016), enf’d in part, rev’d in part 865 F.3d 265 (5th Cir. 2017).
  • Represented major utility in NLRB proceedings related to organizing of planners.  Secured utility-wide bargaining unit. Bargained on behalf of grocery chain.  After negotiations reached an impasse, guided the company through lawful implementation of five year collective bargaining agreement.
  • Coordinated employer response in numerous strike situations including a work stoppage across 14 western states of the client’s operations.

Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in a variety of industries, including national, multi-unit, multi-location, multi-employer and multi-union bargaining. Mark has handled lockout and strike situations, coordinating the clients efforts.

In addition, Mark has handled hundreds of arbitrations involving virtually every area of dispute, including contract interest arbitration, contract interpretation, just cause termination/discipline, benefits, pay rates, and hours of work.

Photo of Michelle Lappen Michelle Lappen

Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. Her practice addresses a wide range of labor and employment issues, including matters involving alleged discrimination, harassment, retaliation, wage-and-hour issues, whistleblowing and…

Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. Her practice addresses a wide range of labor and employment issues, including matters involving alleged discrimination, harassment, retaliation, wage-and-hour issues, whistleblowing and wrongful termination. Michelle has represented clients in a variety of industries, including entertainment, healthcare, financial services, professional services and technology.

Michelle has defended nationwide employers in connection with complex, overlapping wage-and-hour class and representative actions. Michelle also has defended single-plaintiff discrimination, harassment, retaliation and wage-and-hour cases in both arbitration and state and federal courts. Michelle has comprehensive experience in litigation, including propounding and responding to written discovery, defending depositions, drafting dispositive motions and managing preparation for trial. In addition to Michelle’s employment litigation practice, she advises clients on various employment issues, including litigation avoidance, pay data reporting and compliance with federal, state and local laws.

Michelle earned her J.D. from Columbia Law School, where she was an articles and submissions editor for the Columbia Journal of Law & the Arts. She also served as a teaching fellow for the Advanced Negotiation Workshop and advocated for state and federal legislation as a clinical student in the Columbia Law Health Justice Advocacy Clinic.

Michelle was selected to be a Protégée for Proskauer’s Women’s Sponsorship Program, an initiative for high-performing, midlevel associates that champions future leaders. She also serves as a member of the Firm’s Summer Program Committee.