This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wrongful Termination
Retaliation

Gallegos v. Los Angeles City College

Published: Nov. 11, 2003 | Result Date: Oct. 16, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC270424 Verdict –  $210,082

Judge

Ricardo A. Torres

Court

L.A. Superior Central


Attorneys

Plaintiff

Charles Ted Mathews
(Mathews Law Group)

Jeffrey A. Rager
(The Rager Law Firm)


Defendant

Ray Artiano

Lesa Wilson


Facts

The plaintiff began working at Los Angeles City College in 1986 as a teacher. In 1993, he became Director of the Workforce Education Program. In July 1999, the plaintiff was placed under a new supervisor. In the Spring of 2000, this supervisor questioned whether he was working with a lover or his boyfriend. In August 2000, the plaintiff and his supervisor were involved in an incident in which the campus police were called to remove the plaintiff from his supervisor's office. The plaintiff filed a workers' compensation claim. The plaintiff alleged that his supervisor told him to drop the claim or pay the consequences. In June 2001, he was terminated from his position as Workforce Director.

Settlement Discussions

The plaintiff demanded $600,000. The defendant offered $30,000 but this was rejected.

Result

The jury rejected the plaintiff's claim that the individual supervisor retaliated against him for filing a worker's compensation claim. The jury returned a verdict in favor of the plaintiff on the claim that he was retaliated against for filing a workers' compensation claim. The jury rejected the plaintiff's claim that he was terminated on the basis of his sexual orientation.

Other Information

The court ruled that plaintiff could not maintain a cause of action for retaliation for complaining about illegal activity. Summary adjudication was granted on plaintiff's claim of harassment based on race, national origin and sexual orientation. Summary adjudication was granted on plaintiff's claim of discrimination based on national origin and race.

Deliberation

three days

Length

two weeks


#83751

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390