Facts

Plaintiff Osmar Zelaya was hired by RMI International Inc., a security services provider, to be a lead field supervisor. Plaintiff's job was to supervise certain security personnel in the field. Plaintiff filed suit against RMI, his former employer, claiming to be a whistleblower who was fired because he reported to his supervisors and a client what he believed to be illegal billing.

Zelaya sued RMI, alleging that his termination constituted race discrimination, retaliation, negligent infliction of emotional distress, and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Zelaya claimed he verbally complained to RMI about what he believed to be an illegal billing. RMI denied his accusation and later terminated his employment. Zelaya argued that he was labeled as a whistleblower and that his termination was improper retaliation. He also alleged he was passed over for a promotion and was terminated because of his race and because he was from El Salvador.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff had no knowledge of the billing process while working for RMI and therefore his claims were not credible. Defendant also argued that despite plaintiff's claims, the plaintiff did not make any complaints of illegal billing until after he was terminated for poor performance and a conflict of interest. Therefore, the defendant could not have retaliated against the plaintiff for a complaint that he had not yet made.

Damages

Plaintiff sought more than $350,000 for his past and future lost earnings and emotional distress.

Result

The jury returned a defense verdict.

Deliberation

30 minutes

Poll

11-1

Length

four days