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Whistleblower Lawsuit alleging Retaliation and Discrimination

Francesca Tucker-Schuyler a former Montebello city manager since 2010 has filed a lawsuit claiming whistleblower retaliation after she attempted to inquire and report issues regarding public work repairs and bidding procedures.

Tucker-Schuyler reported issues and was ignored, after researching further, she sent emails about regulations regarding the city’s alleged violations of bidding laws. She attempted to reach out to the City Attorney’s office and did not receive a response. Tucker-Schuyler was then voted to be put on administrative leave by city council in November of 2017. She was then fired in February 2019.

According to Tucker Schuyler she was never given an official explanation or reason for her termination. In addition, anyone who was put in her position and replaced her permanently were male. The lawsuit was filed and is including allegations of whistleblower retaliation, discrimination based on sex, wrongful termination, and failure to prevent discrimination.

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.

 

Nike and Former Manager accused of Racial Discrimination against customers and employees

A lawsuit has emerged after a former manager named Wendy Magee at the Nike’s Santa Monica outpost has been accused of racially discriminating against black employees and The Stallworth-Dickerson family who were harassed because they were black customers. The couple and their 19-month-old son purchased a $12 mini basketball and claim that they were chased and harassed and accused of not paying for the ball. Magee then acquired the help of two Santa Monica police officers who intimidated and detained the couple until they handed over the receipt for the purchase. Magee lied and told the police that the couple stole the ball and the police failed to confirm the story before detaining the couple.

According to the history of the former manager, Nike has always supported her efforts and appreciated her efforts toward lost prevention. Nike has also always ignored complaints of Magee’s racist and degrading behavior toward employees and black customers. Employees have made claims that Magee has a history of using racial code language to refer to Black customers and she has also discriminated against Black employees.

The incident has led to Magee immediately filing a wrongful termination lawsuit after she was fired for the incident. Magee is named in the Stallworth-Dickerson lawsuit in addition to Nike Retail Services Inc. as part of the discrimination as she refused to provide equal access to Nike’s products and service on account of their race by following, harassing, defaming and accusing them of stealing a purchased basketball. In addition, Magee is being accused of depriving them of rights, privileges, and immunities secured by the constitution and the laws of the United States. Nike bears full responsibility of the claims of unlawful detention and false arrest, imprisonment, intentional infliction of emotional distress, and negligent supervision and retention, as well as violations of California’s Unruh Act which outlaws’ discrimination, including on the basis of race, and the Ralph Act, a state discrimination-centric statute.

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.

Dismissal leads to Windsor Principle Suing the School Board

Windsor Principle Tiffany Riley filed a lawsuit claiming that the Mount Ascutney School Board dismissed her “without seeking any explanation or input” from her or considering her past and current performance. Riley is currently on a paid administration leave following her facebook posts on Black Lives Matter and alleges that the board made defamatory remarks about her and violated her free speech and due process rights.

Under law it is clear that Riley’s employment with the district had ended but could be debatable between the attorneys involved. Input from scholars and lawyers not involved in the case have encouraged debate. The term dismissal leads to the belief that perhaps this is punishment for her Facebook post and it just and correct actions to take due to the fact that she is a principle, as a principle her rights are diminished, however if the free speech doesn’t go against the mission of the organization it shouldn’t be an issue. Political opinions and her role as principle will come into question. The post was made on a school day but there is no evidence that the post was made during school hours on a school computer.

The lawsuit specifically mentions Superintendent David Baker and his statement in a Valley News article where he called Riley’s Facebook post “outright racist.” According to David Baker Riley was placed on leave not terminated. According to Riley the remarks have damaged her and created reasonable expectations that she wont be able to find another job in the area.

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.

Sexist Discrimination Lawsuit emerges against Sullivan County Department of Corrections

Former Corrections Officer Tori Jacques has filed a lawsuit against Sullivan County DOC and superintendent Dave Berry in May. Jacques claims that colleagues made sexist comments about her job performance and appearance while working. Jacques spoke up about the gender discrimination and was ignored and retaliated against.

Jacques started in June 2016 and was promoted to corporal. Male staff members started gossiping about her and claiming she “had no idea what she was doing.” One officer made a comment about how much he “hated” her and made inappropriate comments about her tattoos. The same staff member openly speculated about another staff member’s sexuality. Another comment was made when Jacques applied to be on the jail’s Correctional Emergency Response Team but got discouraged after she heard that some male staff members asked, “since when do we put females on C.E.R.T anyway?” Jacques stated that there was a recording with some male staff members stating that a woman had only been hired by the department to perform sexual acts.

Jacques claims that there were constant conversations that were derogatory towards female and gay staff members. There was also a claim reported by Jacques about an inmate being sexually harassed, stating that a corrections officer discussed his genitals in front of her making the woman uncomfortable.

All the claims that Jacques reported to her supervisor were ignored, she was also accused of falsifying her reports about the complaints she made. Jacques left her job because all of her claims were not investigated and instead her integrity was questions. She then applied for a corrections job in a different county but was denied because the Sullivan County Officials spoke poorly of her and made it impossible to obtain employment in the field she specialized. The lawsuit includes complaints about sexism and discrimination that were not taken seriously.

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.

ACLU of Southern California Discriminates and Wrongfully Terminates a A black woman attempting to stop hostile work environment harassment

Sarah O. Clifton, was hired by ACLU in September 2018 as a staff attorney and was wrongfully terminated by her white supervisor Jessica Farris. She has since filed a lawsuit for wrongful discharge, retaliation, hostile work environment harassment, and failure to prevent harassment. Clifton claims she was fired after complaining about racial disparities during a staff meeting and was chastised by executive director Hector Villagra who is known for criticizing city officials for taking meaningful action to end racist practices.

Clifton voiced concerns about being discriminated against in the workplace but she was consistently misconstrued and perceived as angry or aggressive by the organization’s management team members who are white. After being fired in February she was offered a $48,000 severance that required arbitration of disputes to silence her claims.

As claims of racial discrimination emerges through Black Lives Matter Clifton also alleges that the ACLU of Southern California has inserted themselves into black lives matter by filing a lawsuit against the City of Los Angeles for self-interest gain by stating that curfews violated the First Amendment to the U.S. Constitution and that the restrictions on movement outside working hours violated the Constitution’s protection of freedom of movement.

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.

San Diego Mother Discriminated, then Terminated for Kids making noise in the background during her Conference Calls

In mid-march an out-of-state insurance firm asked Drisana Rios to work from home and telecommute via conference calls as a response to COVID-19 lockdown orders. Rios attempted to resolve her workplace problem by speaking to a Human Resources representative about the conference calls held by her direct supervisor. Her male direct supervisor harassed her for the noise her kids were making in the background during conference calls.  Rios attempted to set up conference calls during her kids’ nap time but her direct supervisor would purposely ignored and demeaned her and overlap schedules.

After attempting to get help from HR on the harassment she was told that the company was experiencing “reduced revenue due to COVID-19 and they were laying people off as a result.” Rios believes this is retaliation because she was fired a week after calling HR. In addition, Rios has an email from the company’s regional boss stating that they would avoid layoffs during the pandemic.

This unlawful termination led to Rios filing a lawsuit against her direct supervisor and the Insurance Firm.  The lawsuit includes claims of Gender discrimination, Retaliation, Gender harassment, Failure to prevent gender discrimination, Negligent supervision, Intentional infliction of emotional distress, and Wrongful termination in violation of public policy. Rios is claiming that HR had taken the side of the abusive manager and tried to cover up the retaliation. In addition Rios claims that she was indeed shamed for having children which led to her escalating this issue to Human Resources but she was terminated shortly after for her complaint.

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.

Patterson School District sued by former librarian for Wrongful Termination

A Patterson School District employee since 2014, Alexander Cardillo has alleged that he was wrongfully terminated. Cardillo has accused Monica Florez, principal and acting principle Ramona Serrano of Martin Luther King, Jr. School, of subjecting him to a pattern of harassment, abuse and hostility. The harassment included abuse and hostility and led to Cardillo seeking medical treatment in February 2019. The pattern of harassment started after December 2018 when Cardillo was given assignment to mentor a struggling student with the aid of the parent. Cardillo mentored the student who was having behavioral and academic problems. During this time Florez took a leave of absence.

After Florez went on leave, Ramona Serrano became acting principle and started to question the “mentor” assignment and claimed that there was no record of the assignment. Serrano then became hostile and stopped Cardillo from mentoring and meeting with the student. According to the lawsuit Serrano indicated that she confirmed the assignment because of the statement she made to Cardillo. When Florez came back from her leave of absence on March 2019, Cardillo claims that the harassment intensified and continued. On March 6, 2019 Jose Correa, director of instructional technology and library media services, came to the school for a pre-conference in relation to Cardillo’s upcoming evaluation. Cardillo alleges that Florez sat in the library “abusing” and “following” him when he accompanied students from library to a classroom.

Cardillo also claimed that on another occasion Florez berated and scolded him in front of his students after purchasing lunch for himself and the student he was mentoring. She told him she did not want him sitting with the students in the cafeteria. The constant harassment and hostility in the workplace led to Cardillo experiencing a panic attack while teaching and Cardillo began seeking medical treatment.

According to the lawsuit, after the medical treatment, Cardillo provided a doctor’s note to the school’s nurse and it was rejected by the district. The harassment continued. In April he began throwing up every morning before going to work and lost 20 pounds. Cardillo also damaged his esophagus as a result of a nervous cough. In May 2019 Cardillo complained to John McEntee, Jr., president of the teachers’ union. Following the complaint Cardillo received a reduction in force notice. The lawsuit is seeking fringe benefits, past and future salaries along with reinstatement.

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.

XFL commissioner Oliver Luck sues Vince McMahon for Wrongful Termination

The former XFL Commissioner Oliver Luck was reported to have lost a $20 million dollar contract deal after being fired on April 9, 2020. Luck has filed a claim alleging that his former employer Vince McMahon hired him in 2018 and was wrongfully terminated by Alpha Entertainment LLC (“Alpha”) which is an affiliate of Vince McMahon.

Since the shut down of the XFL because of the COVID-19 pandemic there were layoffs of almost all XFL employees on April 10, 2020. The XFL was then cancelled after the start of the sixth week. The league then filed for Chapter 11 bankruptcy on April 13, 2020.

According to the lawsuit, Alpha Entertainment LLC has filed to have the court reject the allegations and confirmed that Luck was fired with cause. Luck is taking legal action to recoup. Depending on the details of his contract Luck will possibly get some or all of the $20 million deal through the bankruptcy filing.

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.

Officer files a $10 Million Wrongful Termination Claim

According to Sheriff Bob Udell, Salverda was fired in November 2019 for using equipment for private employment, doing private work on county time, insubordination and dishonesty. Specifically, Salverda served papers on behalf of a private company while lying to his superiors about his actions. This led to an investigation proving that that Salverda served legal papers for the company 33 times while on duty and twice more after being confronted by his supervisors.

Yakima County prosecuting Attorney Joe Brusic has declined to comment on the pending litigation despite the allegations of the county not accommodating Salverda’s potential disability and medical issues. In addition, Attorney Brusic has failed to comment to acknowledge the discriminating behavior toward Salverda’s after he notified his superiors about his medical issues.

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.

Wrongful Death Lawsuit emerges after Walmart employee dies of COVID-19 complications

Wrongful Death Lawsuit emerges after Walmart employee dies of COVID-19 complications

A relative of a Walmart employee in Illinois who died from COVID-19 complications filed a wrongful death lawsuit against Walmart. Allegations in the lawsuit stated that the store did not protect employees from the corona virus which led to Wando Evans found dead in his home on March 25, 2020 according to court documents filed Tuesday in Cook County Circuit Court.

Mr. Evans worked at a Walmart store in Evergreen Park for 15 years, he notified his manager immediately about his symptoms and raised concerns about the symptoms two weeks before he was found dead.  Management ignored his claims. On March 23, 2020 Mr. Evans was sent home by a store manager and then found dead two days later.

The lawsuit also alleges that Walmart did not take preventative measures to follow the social distancing guidelines and they failed to cleanse and sanitize the store which would prevent the spread of Covid-19. According to the suit Walmart also failed to provide fundamental protection to employees such as antibacterial soaps, masks, and latex gloves. The negligence in preventing the spread of Covid-19 led to another employee at the same location becoming a victim and has passed away on March 29, 2020 due to complications related to Covid-19.

Tony Kalogerakos, the attorney for the family of Evans, said in a statement that “The Centers for Disease Control (CDC) has designated Walmart stores as ‘high-volume retailers,’ making them responsible for taking additional precautions to protect employees and customers from the spread of COVID-19,” His firm is also requesting an Occupational Safety and Health Administration (OSHA) investigation into Walmart’s actions, Kalogerakos added.

“At a minimum, they were responsible for notifying store workers that a colleague had symptoms consistent with COVID-19, providing their employees personal protective equipment such as masks and latex gloves, implementing social distancing, and sending exposed employees’ home until cleared by medical professionals.”

As of March 31, 2020 Walmart has implemented a new safety procedure to prevent the spread of Covid-19. All employees will now be provided with gloves, masks, and temperature checks. A Walmart spokesman has declined to comment on the allegations and rights of the employees to be protected against Covid-19 but has acknowledged the incident.

The lawsuit has helped other employees receive the protection needed from Covid-19 as they are now included in the “essential workers” category.

If you feel that you have an employee class-action lawsuit 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.

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