Takeaway: Where an employee's supervisor did not know about the employee's complaints about missed meal breaks when deciding to fire her, she could not have retaliated against her.
There was insufficient evidence to support a $300,000 jury award to a terminated restaurant server who sued her former employer, claiming whistleblower retaliation, a California appeals court recently ruled. The uncontested evidence established that the employee's supervisor did not know about her complaints about missed meal breaks when deciding to fire her, and therefore could not have retaliated against her, the court concluded, reversing the award.
The employee was generally well regarded by her peers and the general manager, but in 2015 and 2016 received six corrective action memorandums from her managers and was suspended once.
On March 6, 2017, a new general manager took over. In late March 2017, a shift manager notified the general manager that she suspected the employee of circumventing the restaurant's policy for sharing tips among the staff, and of manipulating a customer loyalty program to take advantage of unused benefits. The manager initiated an investigation.
In early April, the employee "water-bombed" a trainee server, as follows:
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