Riverside Superior Judge Irma Asberry denied Riverside County’s request to dismiss a case alleging whistleblower retaliation against a former employee.
Former Riverside County waste recycling officer Craig Wilhite claimed in his Sept. 23, 2020, complaint that he was fired after expressing concern over toxic and chemical release done by a county contractor.
Wilhite worked at both the Desert Oasis landfill near Desert Hot Springs and the Bad Lands landfill in Moreno Valley.
Wilhite claimed toxic and dangerous chemicals were released and improperly disposed of on March 17, 2020, according to Asberry’s tentative ruling. Wilhite claimed to tell Rapid Recovery, a county contractor hired to dispose of toxic chemicals, about the workplace’s danger. He claimed the company left hazardous chemicals all over the ground. He reported his concerns to his supervisors. He then told his supervisors he was going to report the workplace’s condition to the County of Riverside Department of Environmental Health Hazardous Materials Management Branch.
Wilhite was fired March 20, 2020, three days after his report. His lawsuit claims retaliatory termination and whistleblower violation.
Riverside County argued for summary judgment against Wilhite’s claim. The county said Wilhite had no evidence to show he was terminated in retaliation for his complaints. Instead, they claimed he was fired because, they allege, he challenged a coworker to a fight March 5, 2020. The county claimed a manager requested Wilhite be fired March 6, before his reports. Because of this, they argued, Wilhite could not prove he was fired in retaliation.
In response, Wilhite said he had been harassed and bullied by the employee the county claims he challenged to a fight. Wilhite said he did not threaten that coworker with violence. Wilhite also claims there is a triable issue of fact as to the reason for his firing and to whether he engaged in misconduct.
The court agreed.
“Although Plaintiff’s evidence is largely his own testimony, he has still provided evidence that create triable issues of material fact as to why he was terminated from his position. Given these triable issues of material fact, the motion should be denied,” Asberry wrote.
Case information
Jury trial is scheduled for Nov. 4.
Nancy Doumanian of Doumanian & Associates represents Wilhite.
Walter Crandall of Woodruff, Spradlin & Smart represents the county.
Case number RIC2003753.
Read the tentative appellate ruling here.
