Home > Case Studies > Togonon vs. City of Benicia
Togonon vs. City of Benicia et al.
On February 18, 2003, Jody Togonon was hired as a deputy city attorney by the City of Benicia. Less than a year later, he was fired.
For the first several months of his employment, Togonon performed his duties successfully. He received no criticism, no warnings, and no indication that his performance was inadequate. In fact, Togonon’s supervisor acknowledged that Togonon’s work performance was “fine.”
Togonon’s performance was more than simply fine - it was heroic. He was working every day with severe depression, and for someone who’s severely depressed, simply getting out of bed requires immense effort.
Togonon, who was receiving treatment, continued to perform the essential functions of his job. However, he also requested some adjustments to his duties and routine to help him cope with his disability.
In response, the City of Benicia launched an ongoing tactical plan to terminate his employment. This included lengthy, extraordinarily critical performance evaluations containing references to incidents as petty and insignificant as his asking to borrow a pen at a meeting. These evaluations also attacked Togonon’s performance on a project that previously had been praised, accused him of professional mistakes he had not made, and criticized pro bono work Togonon had been authorized to perform.
After several months of this, Togonon finally was fired on January 7, 2004. He retained Ross Libenson and David Becht to represent him on April 29, 2004.
The City of Benicia ultimately settled with Mr. Togonon for over $500,000 including costs and attorneys’ fees as determined by the court.
