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Employment Law
Retaliation
Whistleblower

Jeffrey Vach v. City of Los Angeles

Published: Oct. 11, 2019 | Result Date: Mar. 1, 2019 | Filing Date: Nov. 9, 2017 |

Case number: BC683058 Verdict –  Defense

Judge

Mark V. Mooney Jr.

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Diana Wang Wells
(Law Offices of Gregory W. Smith LLP)

Gregory W. Smith
(Law Offices of Gregory W. Smith LLP)


Defendant

Stacey Anthony
(Office of the Los Angeles City Attorney)

Susan J. Rim
(Office of the Los Angeles City Attorney)


Facts

Jeffrey Vach filed suit against the City of Los Angeles in relation to a unit reassignment in October 2016 while employed as an internal affairs investigator for the Los Angeles Police Department's Workplace Investigations Unit.

Contentions

PLAINTIFF'S CONTENTIONS: Vach alleged that he found evidence that was being discounted, his investigations were distorted by his supervisors, and his investigations were predetermined as unfounded. Vach claimed he complained to superiors, but was reassigned to another internal affairs unit. Vach contended the city's actions in reassigning him constituted a failure to accommodate, failure to engage in the interactive process under the Fair Employment and Housing Act, whistleblower retaliation under Labor Code Section 1102.5, and whistleblower retaliation under FEHA.

DEFENDANT'S CONTENTIONS: The city alleged Vach did not complete a single investigation in his 30 days in the Workplace Investigations Unit, and no attempts were made to alter or interfere with his investigations. The city claimed Vach was reassigned due to medical restrictions that prevented him from carrying a firearm, a requirement as a sworn officer in the field. As such, the city claimed Vach needed to be moved to a different unit, and the unit Vach was moved to was still within the internal affairs department.

Result

The jury rendered a defense verdict. Although the jury found the cty's treatment of Vach constituted adverse employment actions, it found the city established by clear and convincing evidence that it would have taken the same actions at the time for legitimate, independent reasons, even if Vach had not engaged in protected activities.

Deliberation

1 day

Length

7 days


#133091

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