Facts

Defendant is a family-owned company based in Chico. Defendant has offered property management services and property development services for over 60 years. Defendant employs over 150 employees. Plaintiff was employed as a painter for defendant from May 2004 to July 31, 2008.

In June 2008, plaintiff reported a company-painting foreman for washing paint down a fresh water storm drain with a hose. Plaintiff contacted the Butte County Department of Toxic Substances who investigated, but found no physical evidence of unlawful paint disposal.

A month later, plaintiff complained to company management that he was not given proper protection to work with lead paint at the high school campus. The next day, plaintiff was assigned to a lower paying assignment away from the high school. When plaintiff complained to executive management, his employment ended.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant terminated and refused to hire him because of his report to Butte County and his refusal to work with lead based paint.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff's employment came to an end when he resigned on July 30, 2008 after unleashing an obscenity filled and drunken tirade in a telephone call to his supervisor, complaining that he was not being assigned to higher paying painting jobs. Defendant further contended that it accepted his resignation, and had no knowledge that plaintiff had ever made any complaint to anyone regarding lead paint or any paint spill. Hignell resolved this matter solely to avoid the uncertainty, aggravation, and expense of a trial.

Settlement Discussions

Plaintiff demanded $70,000. Defendant offered $15,000.

Damages

Plaintiff claimed past lost wages of approximately $47,000 and future wages to be determined.

Injuries

Plaintiff claimed emotional distress.

Result

The case settled for $450,000, and a letter of apology to plaintiff from defendant.

Other Information

A mandatory settlement conference was held on Aug. 20, 2010.