Wash. Court of Appeals published opinion — 723421.pdf

Citation: Wash. Court of Appeals published opinion — 723421.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723421.pdf ↗

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The second jury found that Lodis ... did breach his fiduciary
duty by failing to record any vacation time and accepting the
payout. The jury awarded damages in the full amount of the
vacation payout: $42,389.

Lodis. 172 Wn. App. at 842-46 (footnote omitted).

2. Following Appeal, Lodis's Retaliation Claim is Remanded for Trial
Before A Third Jury.

On appeal following the second jury trial, we affirmed the prior judgments

and jury verdicts regarding the age discrimination claim and the breach of
fiduciary duty counterclaim, but reversed Judge Hayden's order granting
summary judgment dismissal of Lodis's retaliation claim. Lodis. 172 Wn. App. at
852. As a result, the retaliation claim was remanded for what would be the third

trial in this action, held before Judge Heller in May 2014.

3. Lodis's Retaliation Claim is Premised Upon Five Alleged
Admonishments of Shenk.

To establish a claim for retaliation under RCW 49.60.210, Lodis needed to

prove that he had engaged in certain protected activity and that Corbis, in turn,
took adverse employment action against him for having done so. Lodis, 172 Wn.
App. at 846-47. Lodis alleged that his protected activity was comprised of
admonishing Shenk on five separate occasions for making "ageist" comments.
Corbis and Shenk denied that any of these admonishments ever occurred.
Lodis testified that the first of the five alleged admonishments occurred
sometime in the spring of 2007, after Shenk allegedly referred to Corbis's then-
director ofcompensation and benefits as the "old guy" on Lodis's human
resources team. Lodis testified that he asked Shenk to "stop referring to [the