In 2013, plaintiff Kirk Broten, a senior executive of merchandising, was terminated from his position with a Target store in San Diego. Broten claimed he was terminated because he disclosed to regional directors and to human resources personnel alleged violations of California law on the part of his supervisors. Broten sued his employer, Target Corp.; his direct supervisor, the store manager, Merrilee Ekstrom; and the district manager, Lee Kaufmann. Broten alleged that the defendants’ actions constituted retaliation and wrongful termination in violation of public policy and in the Fair Employment and Housing Act. Ekstrom and Kaufman were ultimately let out of the case on motions for summary judgment. Broten was employed as a senior executive of merchandising responsible for the sales floor and dayside backroom operations of a Target store in San Diego. He testified that while he was working, he witnessed several racist and discriminatory actions on the part of Target management, and subsequently complained about the actions. However, Broten contended that Target Corp. fired him in retaliation for making the complaints. Target’s counsel contended that Broten started making exaggerated complaints about innocent interactions among the managers after he was told that he was going on a corrective action. Thus, counsel argued that Broten began making the exaggerated complaints in an effort to save himself from being placed on corrective action. Broten’s supervisors testified that Broten was ultimately terminated for continued poor performance., Broten, who was employed by Target Corp. since 2005, sought recovery of over $3 million for his past lost wages, future lost wages, emotional distress, and punitive damages. Defense counsel contended that Broten did not obtain employment after he was terminated and, instead, used his time to develop and launch a private business, which was not profitable. Thus, defense counsel argued that Broten failed to adequately mitigate his damages and that Broten’s damages were extremely limited.