THE Los Angeles Times reports that in 2010, eleven officers of the Los Angeles Police Department’s traffic department assigned to the motorcycle unit, sued the city of Los Angeles, claiming that they suffered retaliation because they refused to follow the traffic ticket quota system secretly set by their supervisors.
In California, ticket quotas are considered illegal because they can pressure police officers to issue questionable or even fake traffic tickets to meet their quota. The eleven officers claimed that their superiors required officers to write at least 18 traffic tickets for each shift with 80 percent of the citations consisting of major violations. Officers who failed to meet the quota, raised concerns about it, or refused to follow orders, were reprimanded, denied overtime assignments, given undesirable work schedules, and harassed. In some instances, officers were re-assigned from the unit.
The Chief of Police defended the division’s practices, stating that management set “goals” and not quotas to reduce traffic violations that resulted in serious injury and death. The then-captain of the motorcycle unit said she instructed officers to ticket illegal driving but did not set quotas, that the focus “was always on reducing traffic collisions and saving lives.”
However, the City employer decided to settle the suit of the eleven officers for $5.9 million. Back in 2009, a similar retaliation case filed by two motorcycle officers, was tried before a jury. During trial, the two officers testified that they were transferred from regular patrol assignments and instead sent to streets where they were more likely to catch motorists committing traffic violations. This made them believe that they should work to meet the traffic quota set by the unit.
In that trial, the jury decided in favor of the two officers and awarded them $2 million in damages. In light of this result, the recent settlement with the eleven officers is considered by LAPD’s chief as a “prudent business decision.”
Perhaps it is a more prudent business decision for employers to recognize that retaliation is illegal. The law prohibits retaliation against an employee who has asserted their rights under the laws. In order to succeed in a claim for retaliation, the employee must prove all of the following:
1) The employee engaged in a protected activity, such as claiming wages due, reporting discrimination, testifying as a witness, or some other action to help enforce the law. Filing a grievance, contacting the media, refusing to perform illegal assignments, and other forms of standing up against violations of the law are also protected.
2) The employer knew or believed that the employee engaged in such protected activity.
3) The employee suffered an adverse employment action, such as a discharge, demotion, formal discipline, and denial of overtime, promotion, or benefits.
4) The employee’s protected activity caused the employer to take adverse action.
Employees who prove they were wrongfully terminated may recover loss of earnings, emotional distress, and in certain cases, attorneys’ fees and punitive damages.
***
The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
***
C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.