A recent decision from the California Court of Appeal has emphasized a defense for employers facing claims of retaliation. In Lampkin v. County of Los Angeles, the Court held that a plaintiff who established unlawful retaliation was not entitled to fees or costs because the employer successfully showed that it would have taken the same adverse action for legitimate reasons. Employers seeking guidance regarding any issues of employment can contact MNK Law at info@mnklawyers.com, or 562.362.6437.
Background
The plaintiff, D’Andre Lampkin, a deputy with the Los Angeles County Sheriff’s Department, alleged that he had become a target of retaliation by others within the department, after reporting alleged misconduct. The alleged acts included termination of his medical benefits, suspension, and a search of his home. Lampkin filed a claim for whistleblower retaliation under Labor Code section 1102.5.
The case went to trial, where the jury found that Lampkin had been retaliated against. However, it also found that the department would have taken the same actions for legitimate and independent reasons. The jury awarded no damages. However, the trial court awarded Lampkin more than $400,000 in attorney’s fees. The County appealed.
The Court of Appeal’s Findings
The Court of Appeal reversed, holding that a plaintiff who obtains no relief is not entitled to recover attorney’s fees under section 1102.5. The court found that Section 1102.5 authorizes fees only where a plaintiff carries out a “successful action.” Lampkin had not recovered any damages.
The Court further advised that once the employer proves that it would have taken the same actions regardless, the case ends, and every form of relief becomes unavailable, including damages, attorney’s fees, and injunctive relief. The Court therefore emphasized that pursuant to the framework provided by sections 1102.5 and 1102.6, the defense wholly defeats liability.
Takeaways for Employers
The ruling offers guidance to employers litigating whistleblower claims. The case is a good reminder of the importance of documenting every part of employment, but particularly the legitimate, independent reasons for employment decisions.
This decision emphasizes another path for defense for employers facing whistleblower retaliation claims, where similar facts are available. A finding of retaliation as motive and liability thereto, does not guarantee that the plaintiff will recover damages therefrom. No relief will be granted to the plaintiff if the employer can show it would have taken the same action(s) regardless of motive.
Employers who can successfully assert the same decision defense can avoid both damages and any award of attorneys’ fees. Any employers seeking further guidance regarding this or any issues of employment can contact the experienced counsel at MNK Law, at info@mnklawyers.com, or 562.362.6437.
