Retaliation Verdict Reversed Where Plaintiff Obtained No Relief

Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of Appeal, the answer is yes. 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 prevailed on the “same decision” defense (an employer’s defense that it would have taken the same adverse action for legitimate reasons, even if the employee had not engaged in protected activity). The ruling clarifies that a finding of liability is not enough to constitute a “successful action” under Labor Code section 1102.5 and reinforces the practical strength of the statutory defense provided by section 1102.6.

Background: Jury Finds Retaliation but Awards No Damages

The plaintiff, D’Andre Lampkin, served as a deputy in the Los Angeles County Sheriff’s Department. He alleged that after stopping a retired deputy and reporting the encounter to his supervisor, he became the target of retaliation by others within the department. The alleged acts included a suspension, a search of his home, and termination of his medical benefits. Lampkin filed a single-count whistleblower retaliation claim under Labor Code section 1102.5.

The case went to trial, where the jury agreed that the department had retaliated against Lampkin. However, it also found that the department would have...

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