Police Lieutenant Wins Record Settlement After Wrongful Termination
How you approach wrongful termination of employment cases depends on whether you were employed under contract or at will. Most employees in California and most other states are employed on an at will basis, which means that the employer may end the employment relationship at any time and for almost any reason. If you have a contract, then your employer must continue to employ you until the end of the contract period and then follow the procedures for non-renewal or end of employment specified in the contract. The best employment contracts also contain provisions regarding early termination. In other words, wrongful termination lawsuits where the employee has an employment contract often involve claims of breach of contract. In cases where the employee was hired at will, the presumption is typically that the employer was within its rights to terminate the employment relationship. Therefore, the plaintiff must prove that the termination of employment was a matter of discrimination, based on protected characteristics such as race or religion. The Equal Pay and Anti-Retaliation Protection Act in California, though, now creates a rebuttable presumption of retaliation if an employee was disciplined or discharged within 90 days of certain protected activities. SB 497 made it easier for an employee to establish a prima facie case of retaliation because there is a rebuttable presumption in favor of the employee’s claim, and the employee now faces the burden of establishing it was not in retaliation. If your employer terminated your employment for a discriminatory reason, contact a Los Angeles discrimination and harassment lawyer.
Plaintiff Claims That Colleagues Resented His Seniority Because of His Race
A police lieutenant who filed a wrongful termination lawsuit against the police department of a university in California received a $7.2 million settlement in March 2024. It was the largest settlement the university has paid in an employment discrimination case.
Before working at the university, the plaintiff spent 25 years on the police force of a city in California, where he was eventually promoted to the rank of lieutenant. He joined the university police department after its chief persuaded him to come out of retirement by offering him the role of second in command. The plaintiff was the only African-American in the police department at his new job, and his coworkers were hostile to him. The big problems started, though, when a sergeant who reported to the plaintiff failed to report an assault that had occurred on campus one night while the sergeant was in charge. When the plaintiff took disciplinary action against the sergeant, the sergeant filed multiple complaints against the plaintiff. Eventually, the police department fired the plaintiff in 2017.
After receiving permission from the Equal Employment Opportunity Commission (EEOC), the plaintiff filed a lawsuit against the university police department, alleging racial discrimination and wrongful termination of employment. The case went to trial, and after several days of jury deliberation, the plaintiff was awarded $7.2 million in damages.
Speak With a Los Angeles Employment Discrimination Lawyer
A Los Angeles employment discrimination and retaliation lawyer can represent you in employment discrimination cases if your employer fired for discriminatory reasons. Contact Litigation, P.C. in Redondo Beach, California to discuss your situation or call (424)284-2401.
Source:
ksbw.com/article/california-uc-santa-cruz-police-lieutenant-awarded-dollar72-million-in-racial-discrimination-suit/60048024