In June 2014, plaintiff John Villani, an intern special education teacher with the Palm Springs Unified School District, was discharged from his position. He claimed that he was terminated for reporting a teacher’s aide’s inappropriate behavior toward elementary school students. In February 2016, the teacher’s aide was convicted of multiple felony counts for committing oral copulation with a minor, his involvement in child pornography, inducing a minor to engage in commercial sex acts, and lewd and lascivious acts with a minor under the age of 14. He was sentenced to 24 years in jail. Villani sued the Palm Springs Unified School District. He alleged that the school district’s constituted whistleblower retaliation in violation of California Labor Code § 1102.5. The matter proceeded to trial. In June 2018, the jury rendered a verdict in favor of the school district. Villani’s counsel moved for a new trial, and the Riverside County Superior Court granted the motion. During the retrial, Villani claimed that he was unlawfully discharged him from his position because he previously made reports and complaints about a teacher’s aide being potentially engaged in inappropriate sexual conduct with elementary school students. However, he claimed the school’s administrators supported the teacher’s aide and failed to investigate the aide’s behavior. Villani claimed that, ultimately, the school’s administrators gave him the option to either resign or be terminated at the end of the 2013-2014 school year. Defense counsel argued that no retaliation occurred and that Villani was properly terminated for failing to meet the expectations of the job during his probationary period. Specifically, counsel contended that Villani received three reviews by two different supervisors while employed with the school district and that all of Villani’s reviews demonstrated that Villani either failed to meet expectations or partially met expectations in a majority of the categories for which he was evaluated. Counsel also contended that Villani was allowed to resign from the school district while his discharge for failing to meet the expectations of the job was pending. Although Villani was mandated by law to report any suspicion of sexual abuse of a child, defense counsel noted that Villani admitted that he made no report until March 2013, just three months before the school year ended. In addition, defense counsel argued that after Villani made the report, Villani’s supervisors counseled and warned Villani’s co-worker on three separate occasions; once in March 2013, once in April 2013 and once in May 2013., Villani claimed he was forced to accept lower paying positions following his discharge. He also claimed that he suffered from significant emotional distress over the loss of his job and upon learning of the aide’s arrest and conviction, which he claimed validated the accuracy, seriousness and urgency of his complaints to district administrators. Villani sought recovery of past and future loss of wages and benefits, and damages for his past and future emotional pain and suffering. Defense counsel contended that after Villani left the school district, he went to work in the Boise School District as a special education teacher. Counsel also noted that Villani has had jobs in four different school districts since leaving the Palm Springs Unified School District.