Legal Question in Employment Law in California

After 21 years I was demoted and transfered to a location that was 120 miles roundtrip.Compared to the 12 I was currently driving. My pay was reduced to less than an 8th of what I was currently making. They said I created a hostile work enviroment. I declined the transfer and later resigned. I sued for retaliation (whistleblower) as I had filed several complaints re: laws and ethic violations. After nearly 3 years and 4 weeks of trial, the jury returned a verdict in my favor. They awarded me $100,000 back pay. In actuality my back pay was over $400,000. Additionally, their verdict that the defendants treated me with malice and oppression made me eligible for an award of punitive damages. They came back with an award of zero, after hearing testimony that defendants grossed over $600 million the first 3 mths. of 2010. One of the jurors that voted in my favor told my atty. he felt some of the jurors had an issue with my race (black) and basically agreed to vote for a verdict in my favor if other jurors would agree to a lower award. The judge in the case also reopened it after two and a half days of deliberation because the jurors were confused with some of the questions on the verdict form. He gave each side 10 add'l minutes to reargue. Prior to this reopenig a juror told the judge he wanted out and was released because he felt the jurors weren't taking the case seriously and were upset the judge wanted them to come in on Friday to deliberate. He actually was in the audience the following day to listen to the attys. as he couldn't believe the judge reopened the case. He later spoke to me and said he couldn't continue to be a part of what was going on. He said it was insane. He was replaced with an alternate. I was earning over $160,000 a year. My job was in the death care industry. Can I file an appeal? I don't know if this info is applicable. However, both gentlemen (jurors) are caucasian. Also, after arguing the judge did allow my atty., with approval from other counsel, to give the prospective jurors a questionare as the race issue was a concern. My lawsuit had nothing to do with my race. Thank you.


Asked on 5/12/10, 5:45 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

you should ask your lawyer if he/she feels an appeal is a good idea

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Answered on 5/21/10, 9:20 pm


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