Case details

Director claimed city fired him for making complaints

SUMMARY

$758204.96

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, emotional pain
FACTS
On Jan. 13, 2014, plaintiff Ninoos Benjamin, the chief grants administrator for the city of Los Angeles’ Community Development Department and the director of the city’s Economic Development Division was terminated from his position. He claimed that he was fired in retaliation for complaining about what he thought could be violations of federal rules. Benjamin sued his employer, the city of Los Angeles; his supervisor, Richard Benbow; and another supervisor who was not Benjamin’s direct supervisor, Rhonda Gaston. Benjamin alleged that the defendants’ actions constituted an invasion of privacy; defamation; discrimination based on race and wrongful termination, harassment, and retaliation (all in violation of the Fair Employment and Housing Act); a failure to prevent discrimination, harassment, and retaliation; a hostile work environment; whistleblower retaliation (in violation of Labor Code § 1102.5); intentional infliction of emotional distress; negligent infliction of emotional distress; and retaliation and wrongful termination (in violation of Labor Code § 98.6). Benbow and Gaston were ultimately dismissed before trial, and the case proceeded against the city only. On Sept. 16, 2015, the court granted summary adjudication for the city as to all causes of action except the Labor Code claims. In addition, Benjamin dismissed his claims of retaliation and wrongful termination (in violation of Labor Code § 98.6). Thus, only the claim of whistleblower retaliation (in violation of Labor Code § 1102.5) went to the jury. Benjamin, who is a white Assyrian of Persian descent, claimed he thought the city was not complying with United States Department of Housing and Urban Development rules in 2012 because the city did not require certain language or documentation that Benjamin thought was necessary in certain transactions. He claimed that as a result, he complained the violations and was subsequently fired. Defense counsel for the city of Los Angeles disputed Benjamin’s claims, and argued that Benjamin, who was an at-will employee, was terminated for his inappropriate behavior. Counsel contended that employees of the Community Development Department filed complaints about Benjamin in 2011 and 2012, claiming that Benjamin was engaged in “profane, loud and abusive workplace conduct.” Counsel contended that as a result, the city retained a threat management consultant, who concluded that Benjamin was a “workplace bully” who should be fired. Defense counsel noted that, instead, Benjamin received a 10-day suspension. However, in November 2013, a co-worker reported that Benjamin had engaged in “yelling and foul language” at a meeting. Defense counsel contended that as a result, Benjamin was fired nearly two months later., Benjamin had worked for the city since 2008. His position was the chief grants administrator and director of Economic Development Division with the city of Los Angeles’ Community Development Department, which became the Economic Workforce Development Department in 2013. He was ultimately terminated on Jan. 13, 2014. Benjamin claimed that he suffered emotional distress as a result of his termination, as well as suffered a loss of earnings and a loss of his pension. He subsequently attended counseling for his alleged emotional distress. Thus, Benjamin sought recovery of past and future lost earnings and pension, and recovery of damages for his past and future emotional pain and suffering.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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