Case details

Employer: Manager fired for outside work on company time

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In April 2007, plaintiff Paul Daak was hired as a project manager by Electronic Design Solutions Inc., an alarm installation company in Corona. Sometime thereafter, he complained about unsafe work conditions, as well as issues with his wages and hours, that he noticed throughout his employment. Daak claimed that after complaining to his employer, he was retaliated against. As a result, he filed retaliation complaints with the Division of Labor Standards Enforcement and with the California Occupational Safety and Health Administration in March 2009, but his complaints were denied. On April 1, 2009, Daak was terminated from employment. He subsequently filed a complaint with the National Labor Relations Board, but was unsuccessful. Daak sued Electronic Design Solutions Inc. He alleged that EDSI retaliated against him for making his initial complaints to the company and further retaliated against him for attempting to bring the matter to the DLSE and Cal/OSHA by wrongfully terminating him in violation of public policy. Daak claimed that his termination was an act of retaliation for complaining about certain safety laws and labor laws involving wages and hours. EDSI contended that Daak was not retaliated against and that his termination was for conducting non-EDSI work on company time. It specifically claimed that Daak pulled field technicians, who were his subordinates, and held a non-work-related meeting on company time. However, Daak denied EDSI’s allegations that he conducted non-EDSI work on company time., Daak claimed he suffered emotional distress as a result of the retaliation and loss of his job. Thus, he sought an unspecified amount in economic damages for his lost earnings and benefits, as well as non-economic damages for his emotional distress. Daak also sought recovery of punitive damages. Defense counsel contended that Daak was terminated for legitimate business reasons and was owed zero damages.
COURT
Superior Court of Riverside County, Riverside, CA

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