Case details

Employees fired after reporting records were destroyed: suit

SUMMARY

$4000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2016, plaintiff Michael Bachmann, an information-technology manager, and plaintiff Sarah Steele, an employee assigned to Bachmann’s team, allegedly witnessed both paper and electronic records being destroyed in violation of Bay Area Air Quality Management District policy, and state and federal law. They claimed that after they brought their concerns to executive management at the district, nothing was done to protect the records and that, instead, they were retaliated against, subject to bogus investigations and ultimately fired. Bachmann and Steele sued the Bay Area Air Quality Management District and several of that entity’s officials, alleging that the district’s actions constituted whistleblower retaliation and wrongful termination. The individual defendants were dismissed from the case. Plaintiffs’ counsel contended that the district’s failure to follow the law and record-retention policy caused documents relevant to the proper enforcement of pollution standards to be destroyed. Counsel asserted that, as a result, the district illegally destroyed documents critical to its ability to monitor, regulate and enforce air quality for the Bay Area and that the district terminated Bachmann and Steele after they brought their concerns to executive management. The district denied wrongdoing, and it denied Bachmann and Steele’s assertions that any records were improperly destroyed., Bachmann worked for the district for more than 15 years before he was terminated. He claimed that he suffered a loss of earnings and benefits. Steele was working with Bachmann at the time of her termination. She also claimed that she suffered a loss of earnings and benefits. Bachmann and Steele each claimed that they suffered emotional distress as a result of being fired. Bachmann and Steele sought recovery of past and future lost wages and benefits, and noneconomic damages for their past and future emotional pain and suffering.
COURT
Superior Court of Contra Costa County, Martinez, CA

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