Robert Velasquez v. County of Ventura, et al.
Published: Nov. 12, 2011 | Result Date: Oct. 27, 2011 | Filing Date: Jan. 1, 1900 |Case number: VEN00335343 Verdict – $1,356,000
Court
Santa Barbara Superior
Attorneys
Plaintiff
Lanny M. Tron
(Tron & Tron)
Mark R. Pachowicz
(Pachowicz Goldenring, APLC)
Defendant
Experts
Plaintiff
Marianne Inouye MBA
(technical)
James Voge
(technical)
Defendant
Brenda Cummings
(technical)
Michael D. Donovan
(technical)
Facts
Robert Velasquez worked as an investigator for the Ventura County District Attorney's Office. Velasquez testified against the District Attorney's Office in two FEHA cases filed by co-workers against the Office, which alleged gender discrimination. Soon after testifying and participating in the lawsuits, Velasquez allegedly was subjected to several adverse employment actions, including negative performance evaluations, unjustifiable internal investigations, a letter of reprimand, a denial of a promotional opportunity and a job transfer.
Velasquez's employment ended and he sued the District Attorney's Office, alleging retaliation and constructive discharge.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that his supervisors intimidated him with bullying tactics after they learned that plaintiff had testified in the discrimination lawsuits. Plaintiff also claimed that he was forced to quit his position.
DEFENDANTS' CONTENTIONS:
Defendant contended that Velasquez suffered no materially adverse employment actions as he was not demoted in pay or title. Also, defendant contended that it had a legitimate business reason for all actions taken against Velasquez.
Settlement Discussions
Two mediations failed as the defendant refused to offer anything but a waiver of costs.
Result
The jury awarded plaintiff $1.3 million, which included $6,000 in past lost wages, $600,000 in future lost wages, and $750,000 in emotional distress damages.
Other Information
The case was initially filed in Ventura County but due to the recusal of the entire judiciary of Ventura County Superior Court, the case was transferred to Santa Barbara County. Defendant County of Ventura will file motions for JNOV and new trial.
Deliberation
six hours
Poll
12-0 (retaliation), 10-2 (wrongful constructive discharge)
Length
15 days
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