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Employment Law
Wrongful Termination

Suzen J. Vogt v. County of San Diego

Published: Mar. 1, 1997 | Result Date: Jul. 18, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 690228 –  $175,000

Judge

Anthony C. Joseph

Court

San Diego Superior


Attorneys

Plaintiff

Michael J. Early


Defendant

William A. Johnson Jr.

Kristi C. Becker


Experts

Plaintiff

Michael D. Burstein
(medical)

Facts

The defendant county of San Diego hired plaintiff Suzen Vogt, a 45-year-old micrographics expert, to evaluate and improve the micrographics division of its Recorder/County Clerk Office. The plaintiff claimed she found serious deficiencies and was hired full-time to locate the problems. (Per the plaintiff, the chief deputy recorder agreed that the plaintiff's findings were correct.) In May 1993, the plaintiff assisted in the investigation of a sexual harassment claim by two employees in the Recorder's Office. The matter was subsequently turned over to the County's Equal Opportunity Management Office, wherein an investigator for that office concluded there was insufficient evidence to support a finding of probable cause that actionable sexual harassment occurred. In March 1994, the plaintiff, who felt the conclusion was inaccurate, wrote a memorandum to her supervisor and others. On Sept. 1, 1994, she was fired by defendants county of San Diego, Robert Frazier (a chief deputy assessor) and C. phillip Jankola (a personnel officer). The plaintiff brought this action against the defendants based on retaliation and wrongful termination in violation of public policy theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $850,000. The defendants made no settelemnt offers.

Injuries

The plaintiff alleged that she suffered emotional distress as a result of the incident.

Other Information

The verdict was reached approximately one year after the case was filed. POST TRIAL MOTIONS: The defendants' motions for new trial and for judgment notwithstanding the verdict were denied on Oct. 11, 1996. The plaintiff was awarded attorney's fees and costs of $58,162.91 on Nov. 1, 1996.

Deliberation

1+ days

Poll

9-3 (on claim for retaliation), 12-0 (in favor of county on claim for wrongful termination in violation of public policy)

Length

7 days


#79286

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