Case details
Promotion denial and layoff due to retaliation, plaintiff claimed
SUMMARY
$2059708
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On July 4, 2011, plaintiff Janis Trulsson, an employee of the county of San Joaquin for approximately 30 years, was laid off during massive layoffs within the county. At the time, Trulsson was an assistant chief investigator who would have promoted to chief investigator, as the then chief investigator had planned to retire. However, she claimed that District Attorney James Willet requested that the chief investigator delay his retirement. The chief investigator ultimately retired six months after Trulsson was laid off and another investigator was selected, who was male. Trulsson claimed that the timing of her layoff and Willet’s request that the chief investigator, who was Willett’s friend, delay his retirement, were motivated by gender discrimination and retaliation. Trulsson sued the county and the District Attorney’s Office for alleged gender discrimination and retaliation. Trulsson claimed she had an exemplary career and was the first woman promoted to lieutenant, as well as assistant chief. She contended that there was, and still is, a complete lack of diversity in the management positions within the San Joaquin District Attorney’s office that continue to this day. She claimed that prior to her layoff, she complained about gender discrimination against a female deputy district attorney who had been demoted during layoffs in 2010. Trulsson filed an internal complaint of gender discrimination, which was investigated by former employment defense lawyers who found there was no discrimination. However, she claimed that during depositions for that discrimination claim, and prior to her being laid off, she learned that the male investigator that was chosen for the chief investigator position instead of her was sent to chief investigator training and told to be discrete. Trulsson also claimed that the male investigator was less qualified than her. Defense counsel contended that Trulsson’s position was eliminated only because of budget cuts, as beginning in 2009, the County Board of Supervisors directed the District Attorney’s Office to reduce its budget by 12.5 percent in Fiscal Year 2009-2010, by 26 percent in Fiscal Year 2010-2011, and by 10 percent in Fiscal Year 2011-2012. The reduction in budget required the District Attorney’s Office to eliminate 71 personnel positions. Willett was advised to eliminate Trulsson’s assistant chief of investigation position once the District Attorney’s Office started cutting positions, but initially declined to do so. Willett claimed that he initially believed that if Trulsson’s position was eliminated, she would be “bump[ed] down” to an investigator position. Defense counsel further contended that Trulsson had retired and was not in the applicant group when the chief investigator retired six months after her layoff; therefore, Willett did not consider Trulsson for the chief investigator job position., Trulsson began working as a deputy sheriff at the San Joaquin County District Attorney’s Office in 1981 and was later promoted to detective in the Child Abuse/Sexual Assault crimes unit. She was then promoted to the position of investigator II in 1995 and then to the lieutenant investigator position in 1996. Trulsson claimed that she asked Willett to consider giving her service credits for 31 years of work to improve her retirement benefits, but that he did not. Thus, Trulsson sought recovery for her past and future loss of earnings and benefits. She also sought recovery of damages for pain and suffering as a result of the emotional distress she suffered as a result of her termination.
COURT
United States District Court, Eastern District, Sacramento, CA
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