Articles Posted in Retaliation

When California employment law claims proceed through trial and are put before a jury, the initial verdict amounts may be subject to modification by the judge based on legal requirements. Often, a jury will agree to award a plaintiff an amount that is prohibited by law. Trial courts have the discretion to reduce jury awards that are inconsistent with the law. The California Court of Appeals recently addressed a case where the trial court had reduced the jury’s award for attorney’s fees to a plaintiff by nearly $700,000, and the plaintiff appealed the reduction.

According to the facts discussed in the appellate opinion, the plaintiff in the recently decided case was a Black man over 50 who was employed by the defendant, an auto parts store. The plaintiff alleged in his complaint that he was a victim of workplace discrimination and harassment based on his race and age. The plaintiff also claimed that the defendant retaliated against him for making in-house complaints about how he was being treated.

The claims went to trial, after which a jury decided that the plaintiff made a valid claim for retaliation, although the other claims were not accepted by the jury. As part of the jury’s verdict, the plaintiff was awarded nearly $900,000 in attorney’s fees for pursuing the valid claim. After the verdict was awarded, the trial judge reduced the attorney fee award by about $700,000, ruling that only the portion of the fees attributable to the retaliation claim should be awarded to the plaintiff and not the fees incurred pursuing the two other claims.

Contact Information