Gardenhire

Gardenhire v. Housing Authority

Good Law
101 Cal. Rptr. 2d 893·2000 Cal. App. LEXIS 923·2000 Daily Journal DAR 12891·85 Cal. App. 4th 236·17 I.E.R. Cas. (BNA) 32
Court of Appeal of CaliforniaDecember 5, 2000B133284California2,643 words

Opinion

Opinion

Curry, J.

Respondent Margaret Gardenhire prevailed in a claim against her employer, appellant Housing Authority of the City of Los Angeles (the Housing Authority), in a claim for retaliation under Labor Code section 1102.5, the so-called whistleblower statute. She recovered damages in the amount of $1,318,785.10. On appeal, the Housing Authority contends that Gardenhire failed to establish entitlement to recovery under the statute because she did not report her suspicion of illegal activity to an outside agency, because she was not subjected to adverse employment action, and because there was no evidence she reasonably believed she was reporting unlawful conduct. The Housing Authority further argues that emotional distress damages awarded were excessive. We affirm.

Factual and Procedural Background

The essential facts are not greatly disputed. Gardenhire began working for the Housing Authority in October 1990. Performance evaluations dated January 1992 and December 1992 were positive, rating her overall performance in her position as an eligibility interviewer “good.” In 1992, Garden-hire, still working as an eligibility interviewer, was give a certificate “for outstanding…

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