Facts

Paul Vandeveld worked for the San Diego Fire Department as a firefighter since 1990. In 2006, Vandeveld assisted the then-City Attorney in his investigation into a pension-spiking scandal, a practice in which employees were promoted to higher management ranks shortly before retirement to allow then to collect larger pensions during their retirement. Vandeveld also sent an email under the name of another well-known captain known for not using email. Vandeveld's email complained about pension spiking and about fellow firefighters who harassed a different fire captain because those firefighters wrongly believed that the affected captain had leaked information for television and print news reporters. Vandeveld later that same day sent another, corrective email indicating he was the author of the first communication and apologized for sending it from an account which displayed a name that was not his. Vandeveld's initial email specifically protested not only the spiking and harassment, but also that the fire captain had been physically assaulted by these lower ranking firefighters, who also spray-painted "rat" on his City-owned fire helmet.

Vandeveld was investigated for sending the email and initially slated for termination by an Assistant Fire Chief. During the Assistant Chief's investigation of Vandeveld's email, questions were posed to Vandeveld concerning how he had come to learn of certain information regarding pension-spiking and what his connection was to the then-City Attorney and any ongoing investigations being conducted by that office. After a hearing with the then-Fire Chief, Vandeveld was instead suspended for 96 hours without pay for sending the email and was denied several promotions despite being the next in line to become captain. The fire department had on several occasions dispensed less discipline for more significant infractions occurring during the time period before, during and after Vandeveld's discipline.

Vandeveld sued the City of San Diego for retaliation for blowing the whistle on the department's wrongdoings.

Result

The jury unanimously awarded Vandeveld $424,000 in damages, which included back wages, future lost pay, and emotional injury. The City of San Diego appealed the verdict and judgment and Vandeveld cross-appealed a prior ruling of the superior court on a demurrer and motion to strike. Both appeals were abandoned in favor of a confidential settlement reached between the parties.