Verdict in National Guardsman case costs Target $1 million

PORTLAND — A jury has decided that Target Corp. must pay out nearly $1 million in a case in which a man lost his job shortly after returning from two weeks of service with the Oregon National Guard.

James Patton sued Target under a federal law that prohibits employers from discriminating against military personnel and under state common law for wrongful discharge.

In a verdict issued last week, a jury at U.S. District Court in Portland awarded Patton $84,970 in lost wages, other economic damages and non-economic damages. The jury also ordered Target to pay $900,000 in punitive damages. Under Oregon law, however, 60 percent of punitive damage awards go to the state's crime victim assistance fund.

"We're pleased with the outcome and the message it sends to employees of service people," said Mark A. Turner, Patton's attorney.

A spokeswoman for Target said the company plans to appeal.

"We believe this entire case is completely without merit and no award of damages is appropriate," the spokeswoman, Lena Michaud, said in a statement. "Target has a strong history of supporting its team members, many of whom are veterans, reservists, or members of the National Guard."

Patton worked in Target's distribution center in Albany. He learned that he had been demoted after returning from two weeks of active service in June 2003.

After telling his co-workers by e-mail, Patton contacted employee support from the National Guard. Military officials tried but failed to get Target officials to reverse their decision.

Target fired Patton in mid-July, telling him that his e-mail to his colleagues was unprofessional and disruptive.

Jurors agreed with Target officials who said Patton's demotion had nothing to do with his military service. But the jury determined that company officials retaliated against Patton for getting the National Guard involved.