California Labor Lawsuit Gets Former Employee $2.1 Million Award

San Diego, CA A former SDG&E employee who alleges he was fired for complaining about discrimination against poor customers was awarded $2.1 million in his California labor law lawsuit. The plaintiff alleged he was fired for being a whistleblower against his company, in violation of federal and California labor laws, and although SDG&E disagreed, a jury found in favor of the plaintiff.

According to CBS 8 News, the plaintiff, David Bryant, worked for SDG&E (San Diego Gas & Electric) but was allegedly fired when he complained that the company targeted low-income households to increase profits from late fees. Specifically, Bryant alleged employees were told to hand-deliver delinquent notices in highly dense, low-income areas of San Diego. Hand-delivered delinquent notices can include a charge against the customer for $9 per note.

Bryant argued in the lawsuit that when he complained that the company was targeting low-income customers, he was fired.

California Current (6/3/11) reports that Bryant had worked for SDG&E for 22 years, starting out in the billing department and working his way up to position of senior collector by the time he was fired. Among Bryant’s concerns were that high-density, low-income areas were targeted because more delinquent notices could be delivered in a shorter time.

SDG&E maintained that Bryant was fired for inappropriate conduct and violation of company policy, but Bryant claimed he was fired in retaliation for speaking out against SDG&E’s practices.

In an interview with ABC 10 News (2/19/14), Bryant said that in one day in January 2011, approximately 2,000 households were visited with delinquent notices, earning more than $17,000. Of those, more than 80 percent were in southeast San Diego, Bryant said. With SDG&E focusing on high-density, low-income areas, higher-income households got a break, and were less likely to have to pay the $9 hand-delivered delinquent note fee.

A jury agreed with Bryant and awarded him $1.3 million punitive damages and $860,000 in compensatory damages. The jury found that SDG&E was liable for wrongful termination and retaliation.

According to a media statement released by SDG&E (3/26/14), the company plans to appeal the jury’s decision. “We believe that the evidence presented at trial showed that we reached the decision to terminate Mr. Bryant’s employment after a comprehensive investigation of allegations that he conducted himself at work in a manner that violated company policies,” the statement said.