Case details

Plaintiff’s firing was related to performance issues: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On March 8, 2016, plaintiff Adam Gardner, an investigator for Edison International’s ethics and compliance division, was terminated form his position. In his position, Gardner would investigate employee complaints about violations of company policies. He claimed he was fired in retaliation for an investigation he had performed in 2015. Gardner sued Edison International and its subsidiary, Southern California Edison Company, as well as his supervisors, David Garcia and Christopher Cates. Gardner alleged claims for whistleblower retaliation, failure to prevent discrimination tied to retaliation, and defamation. Southern California Edison was dismissed on directed verdict. Garcia and Cates were also dismissed as defendants. In addition, Gardner’s claim for defamation was dismissed on directed verdict. The case proceeded against Edison International on Gardner’s claims for retaliation and failure to prevent discrimination. According to Gardner, in 2015 he was involved in an investigation of claims alleging disability discrimination. He said that his findings substantiated the claims. Gardner alleged that he was terminated in retaliation related to his findings with regard to this investigation. Defense counsel contended that Gardner was terminated for performance-related reasons, including his inability to take accountability for his performance and his inability to improve his performance., Gardner was terminated from his position on March 8, 2016. He claimed his termination caused ongoing emotional distress, necessitating ongoing care. Gardner asked for $3 million in emotional distress damages. Defense counsel noted that the trial took place five years after Gardner’s termination. The defense argued that Gardner had been searching for other employment prior to his termination and was offered another job immediately from another employer.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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