Michael Paul files a whistleblower retaliation suit against the AOC

Posted on July 13, 2011

15


Former AOC Senior Technical Analyst Michael Paul has filed a whistleblower retailation suit against the AOC in San Francisco Superior Court.  San Francisco Case Number CGC-11-512423 names the Administrative Office of the Courts and twenty John/Jane Does that are currently unspecified.  There appears only one singular cause of action and that is the whistleblower protections granted to judicial branch employees.

The rest of us are about to find out if this law has any meaning and as statements made to the media and legislature, is fully supported by the AOC or if  those statements were just window dressing that the AOC will quickly move to demur against in the basis of the law itself, which would be contrary to the statements made to the media and the legislature in support of this legislation.

The State of California is seeking to recover 42 million dollars minimum from the two unlicensed contractors solely because of Michael Paul’s disclosures. Unfortunately for the people, it is former AOC Attorney, now a Attorney General Managing Attorney, the heavily conflicted Peter Krause that is managing the litigation on behalf of the State of California. Will the taxpayers ever see a single dime of their money back in this cozy, heavily conflicted relationship? We think the Attorney General’s office should re-assign this case away from Mr. Peter Krause precisely because he used to be an AOC attorney.

Michael Paul alleges in his complaint that that he has suffered multiple distresses to his good name, reputation and ability to conduct business and that this termination was conducted on fraudulent grounds with the intention to oppress and malign him, causing him to lose (as of yesterday) a years worth of income, future opportunities, benefits and a pension and that because of this, punitive damages are in order. When contacted via email, Michael Paul made the following statement:

“While I’ve not yet secured legal counsel and I am still looking for legal counsel, this pro-per filing buys me some more time to look. Initially, I had no intent to sue after my last attorneys did not desire to represent me in the employment action. I figured I could find employment and limit my damages. Ironically, the only people trying to recruit me over the past year has been the AOC, who, through intermediaries has tried to do so three times based on my unique background and experience.

I have to admit to severe depression as a result of the termination which only got worse when my previous attorneys chose not to pursue the employment action. This depression has had far reaching effects on my willingness to even resume the search for legal counsel. I had gone through hundreds of law firms before I ever blew the whistle. I’ve restarted that search in earnest with law firms telling me that a pro-per complaint must be filed by me right away while they consider the options.

Unlike the taxpayer lawsuit, this will not be dropped because I might have to pay AOC’s legal fees. Since the company I own operates internationally, there would be a dozen countries that we do business with that would welcome me with open arms. Being permanently out of the reach of AOC attorneys I can continue to back Judicial Council Watcher’s efforts for years without interruption. I would love to settle this out of court, however I was told by my last attorneys that the AOC will fight my claim ruthlessly and without negotiation. Of course, I hope that isn’t true and that we can quickly go on our merry way with a amicable resolution to the dispute with them buying me out as opposed to terminating me, making me ineligible for further state employment when government contacting has been my bread and butter over the last 20 or so years.”

When the Chief Justice has the ability to name both the venue and the judge, it appears that Mr. Paul is at the mercy of those judges in San Francisco Superior Court that are about to lose 40% of their workforce. Given it is alleged that “he ‘had to trust that the AOC was doing the right thing” in his taxpayer lawsuit, lets hope he doesn’t hear that argument a second time.

If you happen to know a good employment attorney willing to pick the ball up on this, feel free to refer them to JCW and we will forward the name on to Michael. Alternatively, contact him at michael_paul@michaelpaul.net or call him at 510-684-8706.

Maybe some day the AOC will actually be held at least partly accountable for their actions.