As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022). Despite the newly affirmed and extremely high burden for employers to prevail against Section 1102.5 claims on summary judgment, the Third District Court of Appeal recently ruled in favor of the County of Sacramento in a lawsuit brought by the County’s former employee, Cynthia Vatalaro in Vatalaro v. County of Sacramento, No. C090896, 2022 WL 1775708 (Cal. Ct. App. May 5, 2022).
Vatalaro was an administrative analyst for Sacramento County. She received a job description listing the expected job duties for her promotion to an administrative services officer position from her would-be supervisor, Mindy Yamasaki. Vatalaro contacted a human resources analyst expressing concerns about the anticipated reporting structure, her assigned job duties differing from the duties she had developed with her former supervisor, and that the assigned duties seem “inappropriate” for her position. Shortly thereafter, Vatalaro started her new position, which was probationary for a six-month period under the County’s civil service rules. Ultimately, the County determined Vatalaro did not succeed during the probationary period, terminated Vatalaro from the promoted position, and returned her to her previous job classification.
Vatalaro sued...
She is 66 and on Original Medicare. Her latest Medicare Summary Notice (MSN) lists a $1,200 knee brace from a supplier she has never heard of. Her knees are fine and no package ever came. Medicare...