Case details
Company claimed it terminated employee due to lack of work
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, emotional distress, mental, psychological
FACTS
In March 2010 and August 2011, plaintiff Jay Huston, 44, a subject matter expert and a Veteran, reported to a government agency about the improper use of public government funds by a client of Battelle Memorial Institute, his employer. In between making those reports, Huston became confined to a wheelchair in June 2010 due to a back injury he suffered while on active military duty. In August 2012, Huston, 46, was terminated from his position at Battelle Memorial Institute. Huston claimed that he was terminated due to his disability and in retaliation for his whistleblowing activities. Huston sued Battelle Memorial Institute and his supervisors, Nina Brokaw and Richard Mettke. Huston alleged that Brokaw and Mettke subjected him to harassing behavior for having to use a wheelchair and that their actions constituted disability discrimination. He also alleged that Battelle Memorial Institute wrongfully terminated him in violation of public policy and that its actions constituted whistleblower retaliation and disability discrimination. Huston voluntarily dismissed the claims against Brokaw and Mettke, and the court granted Battelle Memorial Institute summary judgment on Houston’s disability-based claims. Thus, the matter proceeded to trial against Battelle Memorial Institute on the whistleblower claims only. Plaintiff’s counsel contended that, as a result of Huston’s whistleblowing activities, Houston suffered ongoing discriminatory and harassing behavior, including a demotion, travel restrictions, a loss of staff, and, eventually, his termination. Defense counsel contended that Huston’s change in employment status and termination were prompted by a lack of work caused by a slow economy., Huston was with the company since August 2008. He claimed he suffered emotional distress as a result of being terminated from his position in August 2012. However, he admitted that he did not require therapy or counseling. Thus, Huston sought recovery for $9.9 million in actual and emotional distress damages.
COURT
United States District Court, Central District, Los Angeles, CA
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