Facts

John Villani was terminated from his position as a special education teacher in the Palm Springs Unified School District after he reported inappropriate behavior from a teacher's aide towards the students. The student aide was later convicted for multiple counts on sexual misconduct with minors and sentenced to 24 years in prison. Villani later sued the Palm Springs Unified School District.

PLAINTIFF'S CONTENTIONS: Plaintiff contended he was unlawfully discharged in a manner that amounted to whistleblower retaliation under California Labor Code Section 1102.5. Plaintiff contended that the only reason he was removed from his position was because he reported the teacher's aide's lewd behavior towards students. Plaintiff further contended that the administration at the school intentionally refused to investigate plaintiff's allegations and did so because they favored the teacher's aide.

DEFENDANT'S CONTENTIONS: Defendant contended that no retaliation occurred. Defendant contended that Villani failed to meet the expectations of the job during his probationary period. Villani received 3 reviews by 2 different supervisors while employed at PSUSD, which demonstrated he failed to meet expectations or partially met expectations. Villani was mandated by law to report any suspicion of sexual abuse of a child. Defendant contended that Villani admitted that he made no report until March of 2013, just 3 months before the school year ended. Defendant contended that after he made the report, his supervisors counseled and warned Villani's co-worker on 3 separate occasions in March, April and May. Defendant contended that the following school year, the co-worker gained custody of the child by the child's mother and was granted guardianship by the Riverside Superior Court.

Defendant contended that after Villani left PSUSD, he went to work in the Boise School District as a special education teacher. He was allowed to resign from that District pending discharge for failing to meet the expectations of the job. Defendant contended that Villani has had jobs in 4 different school district since leaving PSUSD.

Damages

Plaintiff sought $80,000 in past economic loss, $200,000 in past emotional distress, and $100,000 in future emotional distress.

Result

The jury awarded plaintiff a $380,000 verdict.

Other Information

Following the trial, Defendant filed a motion for new trial on the grounds of insubstantial evidence to support the verdict. The court granted the motion finding that the overwhelming weight of the evidence supported Defendant's position that Plaintiff was an unsatisfactory probationary employee who was resistant to Defendant's attempts to help him meet the standards of the teaching profession.

Poll

12-0