Facts

Dr. Anthony Coppola provided exemplary service to defendant California Department of Corrections and Rehabilitation for over 20 years (1998-2019) as a chief and supervising psychiatrist at Deuel Vocational Institute .

Due to pre-existing health issues and workplace stress caused by changes to the workplace imposed by a new inexperienced supervisor, Dr. Coppola's doctor placed him off of work effective October 25, 2016 with a goal of returning 12 weeks later in February, 2017.

When Dr. Coppola's supervisor, Dr. Carrie Anaforian informed CDCR region headquarters about Dr. Coppola's CFRA leave, disparaging emails and unprofessional communications about Dr. Coppola ensued. Dr. Elaine Force, the Administrator of CDCR's Region 2 mental health operations immediately commented, "I'm going to be politically incorrect and say he needs to act like an adult. And that is the most correct thing I can think of to say!" Mr. R. Micheal Hutchinson, Region 2 C.E.O responded that Dr. Coppola "may need interventional psychiatry". Neither Dr. Force nor Mr. Hutchinson appeared at trial.

One week prior to taking his CFRA leave of absence, Dr. Coppola submitted an outside employment disclosure form, required for CDCR employees who have secondary employment outside of the department. The DVI's institutional C.E.O. (the highest ranking medical administrator at the facility) approved the secondary employment of Dr. Coppola to continue his longstanding work at the County of Alameda, Santa Rita Jail where Dr. Coppola had been working part-time since 2003. From July 2003 through September 2016, Dr. Coppola regularly informed his supervisors that he worked at Santa Rita on his off days from DVI. The number of days Dr. Coppola worked at Santa Rita Jail varied over the years until 2013 when Dr. Coppola began using accrued but unused leave credits from DVI so he could work more time at the Jail. Dr. Coppola's immediate supervisor and DVI's C.E.O. each approved of Dr. Coppola's use of leave and his secondary employment at the jail. Dr. Coppola only worked at Alameda County when he was off work from DVI. Dr. Coppola's schedule at the Jail never interfered with his obligations at DVI and the needs of DVI always took precedence.
While Dr. Coppola was out on FMLA, Region 2 leaders Mr. Hutchinson and Dr. Force violated CDCR policy by investigating Dr. Coppola for misconduct due to his secondary work at Santa Rita Jail. Dr. Coppola was accused of not providing sufficient supervision to DVI psychiatrists. No subordinate psychiatrist testified at trial to support the State's case.

Pursuant to CDCR's Department Operations Manual, investigations into CDCR employee misconduct may only be conducted by the Department's Office of Internal Affairs ("OIA"). Instead of referring the matter to OIA, Mr. Hutchinson directed Ms. Pamela Cantelmi, a CDCR healthcare lawyer, to investigate potential misconduct, including fraud and time abuse by Dr. Coppola. Mr. Hutchinson directed other Region 2 leaders to keep the fact of the investigation confidential amongst the cabal of Region 2 leaders that included Dr. Elaine Force, Dr. Carrie Anaforian, Ms. Cantelmi and the DVI CEO. The group did not include any Human Resources or Internal Affairs personnel.

Two days after Dr. Coppola's CFRA leave began, Ms. Cantelmi "urgently" requested that the credentialing department send a request for employment information from his secondary employer the Santa Rita Jail. Since this was done without Dr. Coppola's knowledge or authorization, the department sent the request for information with an expired authorization form executed nearly 2 years prior in 2014. Correctly, representatives at the Alameda County Jail refused to provide the information sought because the authorization appeared expired. Attorney Cantelmi followed up personally on the request to the jail trying to convince staff to simply give her the information since it was "public information". Santa Rita jail insisted the authorization was expired and directed Attorney Cantelmi to County Human Resources. Afterward, the jail personnel contacted by Attorney Cantelmi informed Dr. Coppola that a "super pushy woman" was trying to get information about his work at the jail using an expired authorization form. They told Dr. Coppola that it appeared as though CDCR was "going after" him.
This news, only days after his CFRA leave, caused his stress and anxiety condition to exacerbate and prolong. Dr. Coppola's doctor extended his medical leave noting increased anxiety, depression and hypertension. While Dr. Coppola remained on CFRA leave, Ms. Cantelmi continued to investigate him by making various allegations of "time abuse" and theft of government funds. However, on November 9, 2016, Ms. Cantelmi informed the Mr. Hutchinson and Dr. Force, "[s]adly, reality hit this afternoon on the Coppola case. . . ." Having consulted with Human Resources there were no "grounds to recoup any money from Coppola." Ms. Cantelmi further noted Dr. Coppola "has done everything within allowable and acceptable limits." According to Ms. Cantelmi, there was no basis to go any further unless additional information from Alameda County was obtained to support going in another direction. Later the same day, Mr. Hutchinson emailed a CDCR Medical Employee Relations Officer seeking support for an OIA Investigation stating "Due to a legal investigation involving Dr. Coppola the Supervising Psychiatrist at DVI, we have uncovered the fact that he did not request or get approval for secondary employment, work for the County of Alameda during the same time as he was submitting 998s for the same time at DVI, granted an informal work schedule that provided this time against policy, and had approved 998s while not at work at DVI." Everything Hutchinson stated to support this "investigation" into Dr. Coppola was false and contradicted by the information provided by Ms. Cantelmi.

Days later, Ms. Cantelmi convinced Alameda County to orally convey employment information about Dr. Coppola under the authority of the Public Records Act. However, the Public Records Act does not allow for government entities or individuals acting in their official capacity to obtain information under the PRA. Nevertheless, Ms. Cantelmi obtained information from Alameda County Human Resources about days and times Dr. Coppola allegedly worked at the Jail. Since the information was not from actual county records miscommunication ensued causing Dr. Coppola to appear as though he was working at the jail at the same exact time as DVI. This was not actually the case as would be later established in litigation once the Jail time records were actually obtained. Nevertheless, Ms. Cantelmi used the information she unlawfully obtained from Alameda County with Region 2 leaders. In response to this information Dr. Anaforian texted Dr. Force about Dr. Coppola stating "OMG. He is such a weasel". At the direction of Mr. Hutchinson, Region 2 C.E.O., Ms. Cantelmi requested Human Resources take a second look at Dr. Coppola's time cards. Ms. Cantelmi specifically instructed that Dr. Coppola's leave balances be reduced because he was credited "call back" time as part of his "on-call duty" assignment. Even though Dr. Coppola was a line level supervisor who ordinarily did not have to participate in "on call" rotation, in 2014 CDCR asked Dr. Coppola to participate in the rotation due to understaffing and requests from subordinates that he participate in order lighten the on-call workload for his team. For years, Dr. Coppola participated in the on-call rotation earning additional leave credits for time spent on-call and any time he was required to come back to the facility in person. Although CDCR correctly compensated Dr. Coppola for this call back time for years, CDCR decided, as to Dr. Coppola only, that the time working call backs should not have been approved because doctors are only supposed to be paid for the time they are on call and NOT for the time they spend coming back to the facility to provide service. CDCR has no policy stating Dr. Coppola was not entitled to callback. At trial CDCR explained that its refusal to pay Dr. Coppola was based upon a "policy by omission". Ultimately, by February 2017, a request from CDCR legal was made to Human Resources to remove all leave credits related to Dr. Coppola's call back work. This resulted in nearly 1000 hours being taken from Dr. Coppola. Under normal policy and procedure, an impacted employee is to receive notice of any leave balance reductions 14 days before any such action is taken. Although Ms. Cantelmi was expected to give the notice caused by her request, no such notice was given to Dr. Coppola.

In April 2017 while still on his medical leave, Dr. Coppola discovered that his bank of available leave, more than 1000 hours, was taken away. Upon further investigation with the institutional personnel specialist, Dr. Coppola learned that his bank of leave hours was taken away at the direction of CDCR Headquarters and not at the local level. The removal of Dr. Coppola's leave caused a termination of his healthcare benefits for his family whereby he would not have to pay his health insurance premiums himself. In violation of the law and departmental policy, Dr. Coppola did not receive any prior notice as to the termination of his family's health benefits.

PLAINTIFF'S CONTENTIONS: Plaintiff argued that Defendant's failure to follow policy, the hateful/unfair treatment of Plaintiff, the timing of its actions and repeated instances of false testimony strongly indicated a motive to retaliate against Dr. Coppola. The testimony of his wife, his therapist and medical records all established an exacerbation of his pre-existing conditions such that Dr. Coppola was forced to retire so as to avoid returning to a toxic and unhealthy workplace that had violated his rights while he was on a protected medical leave. Plaintiff argued future non-economic damages would not be required to the extent Dr. Coppola received vindication and fair compensation for his economic damages and past non-economic harm.

DEFENDANT'S CONTENTIONS: California Department of Corrections and Rehabilitation asserted that its treatment of Dr. Coppola while unfair and contrary to policy, was not because of his taking protected medical leave. The department further claimed that the removal of Dr. Coppola's leave was performed because allowing him to keep leave credits for which he was not entitled was a gift of funds. The department claimed that Dr. Coppola's retirement was a business decision because he could have returned to work whenever he chose. Further, Dr. Coppola's non-economic harm was all pre-existing and therefore he was not entitled to any compensation.

Result

The jury found for Dr. Coppola on his CFRA retaliation claims and awarded him $265,305 in past economic damages, $650,974 in future economic damages, $900,000 in past non-economic damages and $0 for future non-economic damages for a total of $1,816,279.