Blog Archives - California Employment Legal Group

In wake of Proposition 22’s passage, Albertsons, Vons and Pavilions to Fire “Essential Workers,” replacing their Drivers with Independent Contractors

Frontline worker jobs are now at risk as grocery store driver employees are being fired, union workers will not be affected. Prop 22 was approved by a majority of voters in California in the U.S. general election on November 3, 2020. It permits companies to continue treating “app-based ride -share and delivery drivers” as independent contractors rather than employees, who are entitled to wage and labor protections under state law.

The companies who are in position to fire essential workers are now able to abuse prop 22 by replacing full-time employees with independent contract workers. The passage of proposition 22 in California is affecting the rights of independent contract workers, stripping them of the state’s minimum wage guarantee, paid sick leave, other protections, and human rights.

Prop 22 is great for employers, but it’s a huge loss for workers, specifically essential workers. This will encourage other companies to reclassify their work force as independent contractors, and once they do, over a century of labor protections vanishes overnight.

If you feel that you have been wrongfully terminated, or you have been discriminated against because of your disability and would like to know your rights as an employee in the state of California, please contact the attorneys at the California Employment Legal Group today for a free consultation with an experienced employment lawyer.

Former Assistant Attorney Sues for Wrongful Termination

A former senior assistant attorney Stephanie Zorie has sued the City of Las Cruces for violating the New Mexico Whistleblower Protection Act, alleging she was wrongfully terminated in retaliation for reporting wrongdoing and discrimination. Zorie was allegedly discriminated against due to her age. She reported unethical and improper activities inside the City Attorney’s Office numerous times and made to work in the office throughout the COVID-19 pandemic. Zorie also claims that she was denied working from home despite her age and “serious medical conditions.”

On July 23 Zorie requested medical leave under the FMLA beginning on August 5 and was approved but she was placed on administrative leave on the same day. She has no record of discipline issues at the time of her termination and placement on administrative leave. Although the city claimed she had previously taken an unauthorized day off, the city knew she was out of the office being interviewed for judicial job on that day. The city also falsely claimed she had outside employment. There was no reason for Zorie to be fired and she was also paid less than colleagues who were younger and had less or similar experience.

The lawsuit is seeking compensation for unspecified economic damages and non-economic damages which include extreme emotional distress and mental anguish, as well as back pay, front pay, reinstatement, and an order for “mandatory and meaningful training” in the Whistleblower Protection Act for those city employees who participated in her firing. In December 2019 the city paid out $1.4 million to settle three lawsuits from past employee whistleblowers.

Pinterest Gender Discrimination Lawsuit Settles for $22.5 Million

Former chief operating officer Francoise Brougher was fired after speaking up about misogyny and discrimination. Brougher worked as a COO for two years and said she was terminated for objecting to demeaning and sexist treatment. Pinterest has agreed to settle a gender discrimination lawsuit for $22.5 million and made steps to improve workplace environment. $20 million will go to Brougher and her attorneys and an investment of $2.5 million will be used towards advancing women and underrepresented communities in the technology industry, according to the filing.

Former Pinterest employees, both Black women, experienced racial discrimination and faced retaliation after raising concerns about unfair pay in the workplace. Other companies including Facebook, Twitter, Uber and venture capital firm Kleiner Perkins has also been accused of gender discrimination.

A Reporter Accused of Sexual Misconduct

Uber Executive Resigns Weeks After Misconduct Claims

Powerful crime reporter at The Pittsburgh Post-Gazette who also taught journalism classes at Point Park University Michael Fuoco had a reputation for harassing young women and no one wanted to hold him accountable because they feared contract issues along with ruining their professional reputation for going against Fuoco. The accusations arose when new leadership took place. Jon Schleuss a reporter who became the first openly gay president of the union for the NewsGuild, the nation’s largest journalists’ union.

Once Schleuss started to investigate the alert of sexual misconduct by prominent union official Michael Fuoco but the initial accusations were unconfirmed. Schleuss did not aggressively pursue the claims about Fuoco which allowed Fuoco to hold onto his power. Over time there were post-Gazette journalists who described experiences involving Mr. Fuoco making unwanted advances on them or sexually harassing them. Additionally, young women were warned to avoid Mr. Fuoco. Other women reported that two women were taught by Mr. Fuoco in college journalism classes and he pressured them into sexual relationships one woman became pregnant. She attempted to share the email threats from Mr. Fuoco but the vice president of human resources Stephen B. Spolar emailed a response stating that her argument was a personal one and she was then instructed to not contact Mr. Fuoco during work hours.

Allegedly, the NewsGuild and The Post-Gazette management received at least two complaints about Mr. Fuoco’s conduct over two decades. The newspaper’s executives knew of his sexual relationship with at least one former college student and gave him a week’s suspension. It was obvious that there was a lack of respect for women. One recent tip was from victim Moriah Balingit who stated that The Post-Gazette was a hostile work environment and also Mr. Fuoco tried to kiss her. A former staff photographer Rebecca Droke said that he unexpectedly and inappropriately kissed her while they were sitting next to each other at a banquet. Since the accusations Fuoco has stepped down and left the newspaper but denies all sexual harassment accusations.

Del Taco Accused of Sexually harassing young female workers

Allegedly, Del Taco’s Rancho Cucamonga area stores are accused of sexually harassing “young female workers by subjecting unwelcome physical contact, vulgar comments and propositions for sex. The Equal Employment Opportunity Commission found that the restaurants were so prevalent that other male employees felt free to engage in sexual harassment. The workers complained to Del Taco’s human resources division and they failed to respond to complaints to stop harassment or retaliation.

Additionally, Del Taco followed up with a statement about their attempt to resolve the matter through investigation and committed to providing a safe environment for all employees. Rosa Viramontes, a district director of the EEOC Los Angeles district office said that young employees may be vulnerable to workplace harassment and it’s important that employers recognize this and create policies and practices that ensure a safe and harassment-free work environment. According to the policies and practices set in place, employees must now go through training to learn about anti-discrimination laws.

Magic Castle accused of Sexual Assault and Discrimination

Magic castle the club for magicians in Los Angeles is accused of sexual assault, harassment, discrimination and racism leveled against its management, members and performers. According to a detailed report former employees had a history of reporting sexual harassment and assault to Magic Castle managers.

In 2011-2019 the academy was sued four times by former employees for allegedly violating the Fair Employment and Housing Act. Ex-employee, Stephanie Carpentieri who was a former waitress claimed in her 2019 lawsuit that she was sexually assaulted by a busboy while at work and also faced verbal and physical abuse from a dining room manager. She claimed that her supervisors never took action and she was fired in retaliation. The busboy and Carpentieri’s boss denied allegations and her case is set to go to trial in August 2021.

Another lawsuit which took place in 2013 with former bartender Terry Lee Lamair said she was also ignored when she complained that co-workers had sexually harassed her. Allegedly, the supervisor did not stop the abuse but instead joined in by referring to her vagina as a “Grand Canyon.”

Female Construction Worker experienced sexual harassment on the job

More Than Half of Companies Reviewed Their Sexual Harassment Policies in Wake of #MeToo

Tierra Williams started working in construction because she needed money and although it wasn’t her passion, she began to enjoy the process of building. Williams began to experience a lot of disrespect, sexual harassment, a lot of demeaning things. A New York group called 7 On Your Side Investigates, spoke to Williams back in 2017 about the sexual harassment she experienced from coworkers on the job. Williams experienced comments from coworkers, “He told me he was watching me because I was sexy, and then Williams said, ‘You can’t watch me because I’m sexy, because that’s a form of harassment like you’re stalking me.”After the harassment Williams took extreme measures to make the harassment stop. She cut off all of her hair because she felt she wouldn’t be attractive so they wouldn’t bother her.

New York Attorney General Letitia James reached a settlement with the company awarding Williams and 18 former workers $1.5 million. The attorney general was able to reveal a pattern of severe sexual harassment incidences against female employees. The same workers were retaliated against. Williams also confirmed that she was treated different because she was a woman. Williams began to use her experience to help educate other women in the construction industry as she now works for the labor union.

Whistleblower Fired for raising the alarm against sexual misconduct at the Bank

Business man holding a sign in front of his face that says whistle blower

Marla Crawford claims she was fired from Goldman Sachs after she tried to seek help for a female employee. Allegedly there was a female employee who was sexually preyed upon by Darrell Cafasso, the company’s global head of litigation. Crawford’s lawsuit accuses Goldman Sachs of “permitting a workplace where sexual harassment is covered up and the powerful are cloaked with immunity.”

Crawford stated that she attempted to speak up on behalf of the employee who confided in her. Immediately after this attempt she was attacked for her performance and then terminated. She had more than 10 years of exemplary performance. The lawsuit states that Cafasso used his position “to romantically prey upon” the female colleague. Cafasso also blamed the female colleague for his obsession and stated to the colleague “You’re a temptress and You’re the Devil’s pawn.” When Crawford provided the information to human resources, she was told “she should keep her mouth shut.”

$143 Million Awarded for Wrongful Termination

James Duke VanLue had proof of his ideas to develop Downhole Technology, a manufacturing company that several years later obtained an offer from a foreign buyer for $103 million. This month, a Houston judge ruled in VanLue’s favor and awarded him $143 million compensation for damages and will soon consider Porter Hedges request for attorney’s fees which will add millions more to the judgement.

Allegedly, VanLue’s leadership led to Downhole’s profits between 2016 and 2018 increased by more than 700 percent. Two year after the acquisition, Downhole’s board of directors wrongfully terminated VanLue for no cause at first, then, several months later, for cause. By fall 2018 the company gained VanLue’s ownership interest without compensating him. VanLue’s character has been damaged and he has lost wages for this wrongful termination.

VanLue claimed that the company’s reasons for termination was due to “a failed SBA gamble” to buy him out at a lower price. When the company’s performance exceeded the board’s expectations, VanLue argued, SBA developed a scheme to stunt the company’s EBITDA growth and to push him out in the process. The board changed the termination “for cause” after an investigation “revealed a complex fraud created by VanLue,” during the trial Downhole and SBA failed to come up with any meaningful evidence substantiating claims. On November 12, Judge Caroline Baker sided with VanLue on all the issues including that Downhole had no contractual right to change VanLue’s termination to “for cause” nor to seize his ownership interest.

Plaintiff Fired while Hospitalized for COVID-19

Rendon v. South Dade Chamber of Commerce, Inc., the plaintiff alleges that she contracted COVID-19 and was diagnosed with multifocal pneumonia. She was then hospitalized and intubated from March 23 to April 6 and discharged on April 13 to continue treatment and recovery at home. The Plaintiff communicated her conditions with her employer, but she was wrongfully terminated on or around March 27 at the time of her intubation and critical condition in the hospital.

The complaint also states that since the Plaintiff and her family kept her employer updated she is also suing for not being paid for overtime hours, she alleges that she worked more than 40 hours per week, including participating in “numerous events organized” by her employer, but she was not paid overtime for all the hours. The Defendant is being sued is under the FLSA, EPSLA and the FFCRA.

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