Ververka v. Department of Veterans Affairs, 102 Cal. App. 5th 162 (2024)

Donald Ververka alleged that his employer, the California Department of Veterans Affairs (“CalVet”), had terminated him in violation of the whistleblower statute, Cal. Lab. Code § 1102.6. A jury determined that although Ververka had made protected disclosures that were “contributing factors” in CalVet’s decision to fire him, CalVet was not liable because it met its burden under the statute to prove that it would have made the same decision for non-retaliatory reasons. After the judgment was entered, Ververka moved to vacate the judgment, but the trial court denied the motion. The Court of Appeal affirmed, holding that Ververka’s reliance upon case law arising under the Fair Employment and Housing Act was misplaced and that an employer’s “same decision” showing is a complete defense under Section 1102.6.