In August 2011, plaintiff Elaine Allyn, the Director of Educational Technology for the Fallbrook Union Elementary School District, was allegedly instructed to wipe out/cleanse the district’s entire electronic data imaging from the district’s email archive system. She claimed that she initially refused, telling the associate superintendent of business services for the district, Ray Proctor, that there was a three-year retention policy that had previously been in place for at least four years. She also noted that cleansing the district’s entire electronic data imaging would be in violation of state and federal laws governing public agency records retention. However, Allyn ultimately directed a consultant to help dismantle the archive system, and to re-set email retention so that undeleted emails were kept for no more than one year and deleted emails were kept for no more than three months. In January 2012, Allyn was informed that there had been a complaint made by a parent against one of the male teachers in the district who was allegedly videotaping children. On Feb. 2, 2012, Dennis Bixler, the assistant superintendent of human resources, asked Allyn to retrieve a video camera and its video footage. Five days later, the superintendent for the district, Candace Singh, told Allyn that the district had hired a private investigator to look into the teacher and that Allyn should cooperate when the investigator calls her for data. The following day, the investigator requested that Allyn give him electronic log files and teacher emails. She complied, but due to the alleged storage capabilities of the district’s log files, the files were severely limited. As a result, Allyn was accused of spoliation of evidence and she was placed on administrative leave. Thereafter, Allyn attended three meetings, during which she alleged past discriminatory, harassing and retaliatory behavior. Allyn claimed that Bixler opened an investigation into her allegations, but the results found no sexual harassment, discrimination and retaliation. Subsequently, on May 7, 2012, the governing board of the district voted to terminate Allyn. Allyn sued the Fallbrook Union Elementary School District. Allyn alleged that the district’s actions constituted retaliation; violations of the Labor Code; gender discrimination; breach of written employer policies; failure to investigate/prevent discrimination; negligent supervision, training and hiring; intentional and negligent infliction of emotional distress; and wrongful termination. The only claim that continued to trial was Allyn’s claim of whistle-blower retaliation in violation of Labor Code § 1102.5. Allyn claimed that Proctor demanded that she wipe out/cleanse the district’s entire electronic data imaging from the district’s email archive system. She claimed that she initially refused, but that Singh, who was newly hired as the superintendent for the district, agreed with Proctor, and directed her to wipe out/cleanse the entire electronic data imaging from the district’s archive system, and to re-set email retention so that undeleted emails were kept for no more than one year and deleted emails were kept for no more than three months. Allyn further claimed that it was Singh’s goal to reduce the retention to three months. Thus, Allyn contended that, at Singh and Procter’s requests, she reluctantly directed a consultant to help dismantle the archive system. She alleged that when Singh called to tell her that the district had hired a private investigator to look into a parent’s complaints, Singh told her that the investigation of the teacher was being kept quiet. She also alleged that when the investigator learned about the severely limited files, the investigator became upset. Allyn claimed that she told the investigator that the issue might be due to the new retention setting mandated by Singh and Procter and that Procter had asked her for the administration password prior to the investigation. She also claimed that Singh had directed her to gather information on the accused teacher, but the investigator later told her that this alleged action of accessing email accounts was criminal. Thus, Allyn contended that the school district retaliated against her for initially refusing to follow Singh’s and Proctor’s orders to wipe the archive server. She also claimed that Procter sexually harassed her at a district cabinet meeting in 2005 by implying that she was only able to negotiate a favorable contract and save the district money by sleeping with the vendor. Allyn claimed that she complained of Procter’s comment during the cabinet meeting, as well as other comments made by Procter at work, but that she was further retaliated for her complaints. She noted that although Bixler allegedly opened an investigation into her complaints, Bixler found no sexual harassment, discrimination and retaliation. However, Allyn further noted that Bixler worked under, and for, Procter. Thus, she alleged that she was terminated for making complaints against Procter; for initially refusing to delete the emails and objecting to the district’s plan to drastically shrink its archive of old messages; and for blowing the whistle on the deleted emails. The district’s officials claimed that the district had no reason to delete the emails and that Allyn deleted the emails on her own. They also claimed that Allyn was appropriately fired for snooping and hacking into employee accounts., Allyn was employed by the Fallbrook Union Elementary School District for 18 years, beginning in 1995. She claimed that at the time of her termination, she was earning a 109,000 a year before she was placed on administrative leave and then fired in May 2012. She also claimed she suffered emotional distress as a result of her termination. Thus, Allyn sought recovery for her past present and future loss of income. She also sought recovery of damages for her emotional distress.