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Employment Law
Retaliation
Constructive Discharge

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)

Maury Mills


Defendant

Jeffrey B. Held

Alan E. Wisotsky


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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