Vatalaro v. Cnty. of Sacramento

79 Cal.App.5th 367

294 Cal.Rptr.3d 389

Cynthia VATALARO, Plaintiff and Appellant,

v.COUNTY OF SACRAMENTO, Defendant and Respondent.

C090896

Court of Appeal, Third District, California.

Filed May 5, 2022

Neasham & Kramer, LLP, Patricia Kramer and Chad A. Vierra, Folsom, for Plaintiff and Appellant.

Longyear & Lavra, LLP, John A. Lavra, Sacramento, and Kelley S. Kern for Defendant and Respondent.

BLEASE, Acting P. J.

After being terminated from a position with Sacramento County (the County), Cynthia J. Vatalaro sued the County for unlawful retaliation under Labor Code section 1102.5 ( section 1102.5 )—a statute that protects whistleblowing employees. Under this statute, an employer cannot retaliate against an employee for disclosing information that the employee has reasonable cause to believe reveals a violation of a local, state, or federal law. Vatalaro alleged that, in violation of this statute, the County retaliated against her after she reported that she was working below her service classification.

The County afterward filed a motion for summary judgment. It contended that Vatalaro could not show that she had a reasonable belief, or any belief at all, that the information she disclosed evidenced a violation of any law. The County added that, regardless, Vatalaro's claim still failed because the County had a legitimate, nonretaliatory reason for terminating her—namely, she had been insubordinate, disrespectful, and dishonest. The trial court, agreeing with the County on both these points, granted summary judgment in the County's favor.

On appeal, Vatalaro alleges that the trial court was wrong on both these issues. She first argues that the facts show she had a reasonable belief that the County violated the law in having her work below her service classification, even if her belief was incorrect. She further argues that the County's stated reason for terminating her was merely a pretext for retaliation.

We affirm, though on a ground somewhat different than those raised at the trial level. The County, again, argued that Vatalaro's claim failed for two reasons, including because the County showed it had a legitimate, nonretaliatory reason for terminating her. But the relevant standard is not whether the County demonstrated it had such a reason; it is instead whether the County "demonstrate[d] by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by Section 1102.5." ( Lab. Code, § 1102.6 ( § 1102.6 ).) We requested supplemental briefing on this issue and, after reviewing the parties’ briefing and the record, we are satisfied that the County provided sufficient undisputed evidence to support summary judgment under the appropriate standard.

BACKGROUND

I. Factual Background

Vatalaro formerly worked with the County of Sacramento. In 2013, her then-supervisor, Michelle Callejas, discussed the possibility of her promoting from an Administrative Analyst II, her position at the time, to an Administrative Services Officer (ASO) III. Vatalaro afterward worked with Callejas to develop the duties that would be associated with the promotion and, in 2015, she finally received the promotion to an ASO III. Under County civil service rules, Vatalaro's new position was probationary for a period of six months.

Before she started her new position, Vatalaro discovered her supervisor would be Mindy Yamasaki and received from Yamasaki a job description that listed her expected job duties. Vatalaro afterward expressed concerns about both. She first contacted a County human resources analyst and asked about the "reporting structure." In a series of emails, she indicated that she believed she should be reporting to Callejas, not Yamasaki, in her new position. But the analyst found no issue, explaining that "[t]here is nothing in the class specifications that would prohibit the reporting relationships you are proposing."

Vatalaro later expressed concerns about her assigned job duties, which differed from the duties she had developed with Callejas and the duties she believed appropriate for an ASO III. Over a phone call, according to Vatalaro, the analyst told her that her assigned duties "did not rise to the level of an ASO III" and "would cause [her] promotional issues because [she would not be] doing the duties that would prepare [her] for the next level of promotability." The analyst further, according to Vatalaro, told her "that if this particular job classification came under a study, ... it would be unsure if [Vatalaro] would be able to remain in that job classification since it did not rise to the level." Vatalaro, around this time, also spoke with Callejas about her assigned duties. According to Vatalaro, Callejas had similar concerns as the analyst, stating that she "felt [Vatalaro's assigned job duties] were ... below the level of classification that [Vatalaro] was going to be in."

Shortly after Vatalaro spoke with the human resources analyst and Callejas, and before Vatalaro began her new position, Vatalaro met with Yamasaki. According to Vatalaro's written notes, which all parties agree accurately recorded the facts, "[t]he focus of the meeting was about [Vatalaro] having to get along with [Yamasaki's] staff." Yamasaki noted that "her staff had reservations about working with [Vatalaro]." Vatalaro responded that perhaps "her staff felt threatened by [her]" because, in the past, she had completed their work when they "weren't meeting expectations." But Yamasaki declined to give a specific reason for her staff's reservations. Vatalaro then asked about her anticipated tasks, telling Yamasaki that she already had "enough time ... to put something together regarding [her] duties." But Yamasaki said they could discuss her tasks at a future meeting.

After beginning her new position, Vatalaro felt Yamasaki mistreated her on several occasions, which she believed was attributable to her complaints about her assigned job duties. First, Vatalaro believed that Yamasaki failed to assign her appropriate work. Vatalaro first raised the issue with Yamasaki a few days into her new position. At that time, after finding her assigned work too lowly for an ASO III, Vatalaro asked Yamasaki if she could do tasks that she felt better matched her position. But Yamasaki declined her request, saying, "[W]e all do staff work." A month later, Vatalaro raised the issue again, asking Yamasaki to tell Callejas that "she doesn't have assignments" at the appropriate level. But according to Vatalaro, Yamasaki said nothing in response and appeared angry.

Second, Vatalaro felt that Yamasaki excluded her from a staff appreciation meeting. After learning of the details of the meeting, Vatalaro wrote Yamasaki: "I wanted to thank you for including me in the PA appreciation breakfast, it shows how much I'm seen as part of the team." Yamasaki responded that she had informed Vatalaro about the meeting, but Vatalaro had "decided to take the entire day off." She also offered to meet in person to discuss the matter further. But Vatalaro felt this characterization was inaccurate. She said she understood from her conversation with Yamasaki that staff was getting "together for a catch up," not for an appreciation event that would include "treats." She also rejected the offer to meet in person, stating she felt there was "nothing more to discuss" and expressing a preference for "email [in the future] so there is no misunderstanding."

Third, Vatalaro believed that Yamasaki assigned her certain assignments as punishment after Vatalaro complained to Callejas about Yamasaki's conduct. Vatalaro, in an email to Callejas, wrote that Yamasaki "has not given me any concessions on tasks or projects that I'd like to work on" and simply says, " ‘[W]ell, these (tasks) are the needs that I have here.’ " Vatalaro added that she would not have "advocated so strongly to bring [Yamasaki] back to this division," following her stint with "the state for a number of years," if she "had known this was going to happen." Shortly after Vatalaro emailed Callejas, Yamasaki emailed Vatalaro. She wrote that she was "pleased to have [Vatalaro] as a member of" the management team, that she believed Vatalaro to be a "valuable part" of this team, and that, in their field, staff "get various assignments to complete that do not always align to a prescribed duty statement." She then listed "some of the initial projects [Vatalaro would] be working on." Vatalaro considered this email to be retaliatory. She reasoned, it appears, that because Yamasaki assigned her two tasks "without having a discussion about them with [her] first," and did so shortly after Vatalaro had emailed Callejas, that tended to show that Yamasaki had assigned these tasks to retaliate against Vatalaro.

Fourth, Vatalaro believed that Yamasaki and another co-worker, Verronda Moore, teamed up to harass her on several occasions following her further complaints about her assignments. The first time occurred when Vatalaro, during a meeting with Yamasaki, said that Moore had told her that she could not talk in a certain meeting and that, if she did, Moore would "poke [her] in the leg." According to Vatalaro, Yamasaki "was immediately upset" after Vatalaro relayed this information and called Moore into the meeting to investigate the allegation. But after Moore denied the accusation, Moore and Yamasaki yelled at Vatalaro for not "telling the truth." In Vatalaro's view, this meeting was retaliation for Vatalaro raising the issue of "being worked out of class." Following the meeting, Vatalaro called Callejas and alleged that Yamasaki and Moore had harassed her. Callejas, who had a duty to report claims of harassment, afterward reported the matter to the County's Department of Personnel Services.

A second event of alleged harassment occurred a couple of weeks later at another meeting. At the start of the meeting, Moore handed Vatalaro an agenda...