Mechanic fired after taking military leave. $1M. Orange County.
Summary
Recently hired mechanic for City of Santa Ana takes time off for firefighting duties with National Guard while still in his probationary period with the City. He is later fired.
The Case
- Case Name: Candelario Jalomo v. City of Santa Ana
- Court and Case Number: Orange County Superior / (30-2019-01118103-CU-WT-CJC
- Date of Verdict or Judgment: Wednesday, February 21, 2024
- Date Action was Filed: Friday, December 13, 2019
- Type of Case: Employment, Wrongful Termination
- Judge or Arbitrator(s): Hon. Richard Lee
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Plaintiffs: Candelario Jalomo, 53
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Defendants: City of Santa Ana
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,000,000
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Non-Economic Damages:
$1,000,000
- Trial or Arbitration Time: 12 days
- Jury Deliberation Time: 1 1/2 days
- Jury Polls: Various polls (10-2, 9-3).
- Post Trial Motions & Post-Verdict Settlements: New trial granted with remittitur to $450,000. Attorneys fees motion pending in the amount of $3,092,385.62.
The Attorneys
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Attorney for the Plaintiff:
Rager & Yoon - Employment Lawyers by Jeffrey A. Rager and James Y. Yoon, El Segundo.
Mizrahi Law, APC by Ramit Mizrahi, Pasadena.
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Attorney for the Defendant:
Atkinson, Andelson, Loya, Ruud & Romo by Irma Moisa Rodriguez, Abraham Escareno and Angelo Mishriki, Cerritos.
Facts and Background
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Facts and Background:
Plaintiff was hired by defendant City of Santa Ana as a mechanic on April 2, 2018. He was fired 10 months later after taking military leave in November 2018 to fight the Camp fires in Paradise, California. Plaintiff's supervisor called the California National Guard to let them know that if his leave was extended beyond two weeks, plaintiff's probationary period could be extended and he would have to pay for his medical benefits.
Plaintiff then took another two days off for military drills in January 2019. The City of Santa Ana fired him in February 2019 for unsatisfactory performance. Mr. Jalomo had received two reviews of "Acceptable" and "Exceeds" during his probationary period with the City.
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Plaintiff's Contentions:
Plaintiff contended that he was retaliated against for taking military leave and because of his veteran status.
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Defendant's Contentions:
Defendant contended that plaintiff was fired for workplace behavior issues and unsatisfactory performance.
Special Damages
- Special Damages Claimed - Past Lost Earnings: $0
- Special Damages Claimed - Future Lost Earnings: $0
Demands and Offers
- Plaintiff §998 Demand: $550,000