Top Plaintiffs' Verdict by Impact: Yang v. ActioNet Inc.

Network security provider and software developer ActioNet fired the plaintiff and a co-worker after the two were involved in a physical altercation. The plaintiff, Yowan Yang, sued for wrongful termination, violation of his civil rights under California law, negligent infliction of emotional distress and other torts after ActioNet claimed he provoked the attack. The firing left Yang unable to find comparable work and he was diagnosed with a depressive disorder.

A chief issue was whether the Federal Aviation Administration, for which ActioNet provided contracting services, had demanded that Yang be removed from his job.

The dispute over the FAA's role proved critical at the trial. "The defense theme was that if things go wrong at ActioNet, planes will crash," said V. James DeSimone, Yang's attorney. "Mr. Yang had to go up against that."

"The verdict let us conclude that the jury found that the FAA claim was untrue," DeSimone said. "There was an email from one FAA representative saying Mr. Yang should be fired, but that was contradicted by my persistence at a video deposition in which an ActioNet manager got frustrated and did a 180 in his testimony, finally stating, 'Nobody from the FAA said anything like that.'"

ActioNet also had failed adequately to investigate the incident. Instead, it relied on a supervisor who overheard part of the fight. In part, DeSimone said, the outcome serves as a reminder of the consequences of not investigating a complaint of workplace violence. "Human resources organizations have used this case to show why a neutral investigation is important whenever there is an allegation of misconduct and of getting human resources involved in the termination process."

DeSimone's winning strategy was to use state civil rights statutes in conjunction with employment law. One jury finding held that ActioNet interfered with Yang's right to a safe workplace or right of protection from bodily restraint or harm or personal insult. "That hasn't been done much," DeSimone said.

"The use of civil rights statutes in the employment context is an important advance for the civil rights of employees."

DeSimone said that when he took the case, he was not at all sure of victory. "And Littler put up every roadblock to knock us out of the box." But DeSimone said he was encouraged when he found an article on a Littler website explaining how employment law and state civil rights statutes can be used together. "I've held seminars on this since the trial and have taken other cases involving these issues," he said.

— John Roemer