AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Wrongful Discharge/Discipline: Damages & Settlements
Claims for wrongful
termination and defamation filed by five former part-time and seasonal
village police officers against the county defendants, who did not employ
or supervise them, were frivolous from the beginning, requiring the county
defendants to litigate continuously at taxpayer expense for years. Accordingly,
the trial court's award of $63,990 in attorneys' fees and costs to the
prevailing county defendants was within its discretion. Carter v. Incorporated
Village of Ocean Beach, #13-815, 2014 U.S. App. Lexis 13865 (2nd Cir.).
Two government employees
were reinstated after challenging their termination, and were awarded back
pay and benefits, including merit salary adjustments and physical fitness
incentive pay (PFIP), and that award was offset by the amount of money
they had earned from other employers, not including overtime pay, during
the four-year period between their dismissals and their reinstatement.
A California intermediate appeals court ruled that overtime earned from
other employers had to be included in the offset amount, and that state
law authorized the inclusion of a merit salary adjustment and physical
fitness incentive pay in the award and compensation at a salary range that
the employees would have been at if they had not been terminated. Dept.
of Corrections & Rehabilitation v. State Personnel Board, #H038027,
2014 Cal. App. Lexis 617.
Missouri jury awards $6.5 million to a black
detective for wrongful termination. The verdict included $250,000 for race
discrimination, $250,000 in punitive damages on a whistleblower claim,
$3.5 million for breach of contract and $2.5 million for wrongful discharge.
The ex-officer's lawyer only asked for $1.9 million in damages. Holmes
v. Bd. of Police Cmsnrs. of Kansas City, Cir. Ct. Jackson Co., Mo. (Unpub.
Apr. 2010).
Illinois appellate court affirms a verdict
of $3,082,350 in damages, including $2.8 million in punitive damages, plus
$1.18 million in attorney fees, for a former private sector employee fired
six days after stating that she would be supportive of a co-worker’s racial
and sexual harassment action. Blount v. Stroud, # 1-06-2428, 2009 Ill.
App. Lexis 980 (1st Dist.).
Two suburban Chicago police officers that
were allegedly fired for speaking out about a fellow officer's purported
use of cocaine, are awarded $1.75 million in compensatory damages, $120,000
in liquidated damages, and $245,000 in punitive damages. Sims v. Schultz,
#03C381, Pacer Doc. 229; Wiseman v. Schultz, #03C382, Pacer Doc. 100 (N.D.
Ill. 2007).
In a wrongful discharge case where the jury
awarded separate verdicts for the same conduct, it was error for the trial
court to enter a judgment for the combined total. The judge should have
used the highest amount awarded. Roby v. McKesson, #C047617, 2006 Cal.
App. Lexis 2052 (3d App. Dist. 2006). [N/R]
Federal appeals court rejects a damage claim
for a wrongful disciplinary suspension, because a successor police chief
reversed that decision, with back pay. Corrective action prevents a successful
Sec. 1983 damage action. Johnson v. City of Louisville, #03-5964, 2004
U.S. App. Lexis 16200 (Unpub. 6th Cir. 2004). [2004 FP Oct]
Federal appeals court affirms a $1,268,087
award to 274 former housing authority police officers that were fired without
the 60-day pretermination notice required in the federal Worker Adjustment
and Retraining Notification Act (WARN), 29 U.S. Code §2101 et seq.
Although government entities are exempt, there is an exception for public
housing authorities. The damage award also could not be offset by job severance
payments because these were made as part of unrelated settlement of other
labor issues involving the plaintiffs. Castro v. Chicago Housing Auth.,
#03-2892, 2004 U.S. App. Lexis 4576 (7th Cir. 2004). {N/R}
Federal court awards $1,268,087 to 274 former
housing authority police officers who were permanently furloughed without
the 60-day pretermination notice required in the federal Worker Adjustment
and Retraining Notification Act (WARN), 29 U.S. Code §2101 et seq.
Although government entities are exempt, there is an exception for public
housing authorities. Castro v. Chicago Hous. Auth., #99C6910 and Rowan
v. Chicago Hous. Auth., #00C5557, verdicts (N.D.Ill. 2003). Prior opins.
in Castro at 2002 U.S. Dist. Lexis 19769, 19 IER Cases (BNA) 307 and in
Rowan at 149 F.Supp.2d 390, 2001 U.S. Dist. Lexis 6386, 17 IER Cases (BNA)
1258. {N/R}
The Justice Dept. pays $85,000 to settle
a lawsuit filed by a retired FBI agent, who claimed that he was defamed
and forced into early retirement as a result of his work in Travelgate
and Filegate. Sculimbrene v. Reno, #99-2010 (settlement 2003); prior opin.
at 158 F.Supp.2d 1, 2001 U.S. Dist. Lexis 12308 (D.D.C. 2001). [2003 FP
Aug]
New York trial court reduces a $10 million
punitive damages jury award to $500,000. A wrongfully terminated worker
endured hostile and egregious behavior from hotel magnate Leona Helmsley,
aka the "Queen of Mean", but the damages were grossly excessive.
Bell v. Helmsley, #111085/01, 2003 NY Slip Op 50616U, 2003 N.Y. Misc. Lexis
192, 91 FEP Cases (BNA) 320 (N.Y. Misc. 2003). {N/R}
A California private sector employee who
was terminated after speaking up on behalf of a gay coworker was awarded
$313,440 by an Orange County Superior Court. Hewus v. Weber Precision Graphics,
reported in the Calif. Bar Journal Trial Digest, June 2002. {N/R}
City was entitled to deduct the value
of a disability pension from the $1 million wrongful termination verdict
awarded a police sergeant. Bickford v. City of Seattle, #42912-4-I, 17
P.3d 1240, 2001 Wash. App. Lexis 210 (Wash. App.). [2001 FP 62-3]
A chief probation officer, who was fired
after 35 years of service with excellent evaluations, has recovered $3,466,159
for wrongful termination. Dieter v. Lassen Co., 1999 (12) Calif. Bar Journal
"Trials Digest" (E.D. Cal. 1999). {N/R}
Federal jury in Florida awards a murderer
$2 million in punitive damages. He claimed he was fired for reporting his
employer's discriminatory practices to authorities. Petaccia v. Motel 6,
#96-CV-72, 34 (15) FEP Summary (BNA) 90 (M.D.Fla.). [1998 FP 142]
A truck driver who was falsely accused of
intentionally destroying the brake pedal recovered a jury verdict of $850,000.
The award, which was 65% against the employer and 35% against the union,
has been upheld by a federal appeals court. Schoonover v. Consol. Frtwys.,
147 F.3d 492; 1998 U.S. App. Lexis 13012 (6th Cir. 1998). {N/R}
Colorado appellate court concludes that if
an untenured investigator is fired to cover up an illegal internal investigation
technique, the investigator may sue for outrageous conduct and wrongful
termination. Floyd v. Coors, 13 IER Cases (BNA) 115, 1997 WL 411731 (Colo.App.
1997). [1997 FP 174]
California rejects federal rule; time limit
for filing a "constructive" termination suit begins when an employee
leaves the job, not when the conditions become intolerable. Mullins v.
Rockwell Intl. Corp., 1997 Cal. Lexis 2547, 936 P.2d 1246, 15 Cal.4th 731.
[1997 FP 109-10]
California court awards $106,628 to an untenured
worker who was unfairly fired for theft. Eiden v. T.A.I.S., Orange Co.
Super.Ct. #714579, 109 (52) L.A.D.J. (V&S) 6 (1995). [1996 FP 94-5]
So. California city pays former fire chief
$415,000 in retaliatory discharge claim; he refused to lift a "stop
work" order and criticized a city council decision on fire safety.
Doe v. City {ID Confidential}, 108 (96) L.A.D.J. (V&S) 7 (1995). [1995
FP 158]
Fed. appeals court affirms $253,188 in damages
(plus atty. fees) to police officer who was terminated because of a false
claim he had falsified a speeding ticket. Palmer v. City of Monticello,
31 F.3d 1499 (10th Cir. 1994). {N/R}
Pennsylvania municipality pays former chief
$560,000 for an attempted wrongful termination. Plaintiff alleged psychological
injuries caused by the defendants. Farnell v. Bor. of Phoenixville, #94-3185,
38 (10) ATLA L.Rptr. 373 (E.D.Pa. 1995). {Editor's file ref. #5609} [1995
FP 126]
Ex-officer agrees to $400,000 settlement
from her former employer. She had been accused of misconduct in a drug
investigation. Prokey v. Town of Sanford, U.S. Dist. Ct. (D.Me. 1991).
[1992 FP 30-1]
California further limits an employee's right
to punitive damages in wrongful discharge cases; employer must violate
a specific statute or constitutional provision. Gantt v. Sentry Insurance,
92 D.App.Rptr. 2803, #S014212 (Cal. 1992). [1992 FP 78-9]
LAPD sergeant, fired for attending a "hot
tub party" while on duty, recovers $1.55 million for due process defects
at his termination hearing; earlier jury verdict of $2.9 million reduced.
Gibson v. City of Los Angeles, U.S. Dist. Ct. #CV 82-3392 RG (C.D. Cal.
1988). [88 (165) FP 14-15] Note: The Ninth Circuit later ordered the city
to pay him $631,000 plus a 20-year pension.
See Also: Wrongful
Discharge - In General.