Case details

Plaintiff fired for altercation with other employee, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
On Oct. 14, 2014, plaintiff Dennis Carpenter, 61, was terminated from his position as an emissions specialist for the Tehachapi-Cummings County Water District. Carpenter alleged that he was terminated in retaliation for acting as a whistleblower by disclosing alleged California Occupational Safety and Health Administration violations. He also alleged that there were unsafe and hostile work conditions and that the water district breached his employment contract. Carpenter sued the water district. The water district moved for non-suit and for a directed verdict, which were both heard after the defendant’s case in chief. Six out of seven causes of action were dismissed, leaving Carpenter’s Government Code § 12940 retaliation claim as the sole cause of action that went to the jury. Defense counsel argued that Carpenter’s termination stemmed from a physical altercation between Carpenter and another employee, which was in direct violation of the water district’s employee handbook. Counsel also noted that Carpenter’s case in chief included only two witnesses, Carpenter and the current general manager for the water district, while the defendant’s case in chief included two current district employees, one of whom witnessed the altercation, and the former general manger., Carpenter, who was employed by the water district since January 2006, sought recovery of lost wages and benefits as a result of his termination.
COURT
Superior Court of Kern County, Kern, CA

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