Judge Rosenblatt - Employment

Plaintiff alleged that prospective employer did not hire her despite her being qualified because of her well-endowed female anatomy. Employer strongly denied.
Settled contentious claims of race and age-based harrassment alleged by a high-level employee of a union organization.
Settled wrongful termination matter despite adamant claims by female former employee that she was terminated due to her pregnancy and needing time off due to high risk medical conditions, all of which the employer denied.
Resolved matter involving claims of sexual harassment in a medical office. The office's receptionist alleged that the physician harrassed her through touching, leering, violating her space. She also asserted that the physician purposely loaded sexually suggestive photos of himself and other employees onto her devices. The physician denied all claims.
Successful mediation settled employee's wrongful termination and harassment claims arising from allegations that an employee's supervisor made advances toward her and physically grabbed her and tried to kiss her. Per the employee, when she complained, she was terminated. Employer and supervisor denied the claims and alleged that the employee was terminated for excessive tardiness and absenteeism.
Plaintiff claims she was off work for 4 weeks after she contracted a severe case of COVID-19 which exacerbated her other medical conditions. Defendants asserted they terminated Plaintiff for excessive absenteeism and failing to communicate with the employer. Plaintiff asserts causes of action for disability discrimination, failure to engage in the interactive process, failure to accommodate and wrongful termination.
CFO is terminated from a non-profit institution and claims retaliation. Institution claims CFO was harassing other employees and creating a hostile work environment.
Plaintiff alleged that she was terminated while on pregnancy leave. Defendant asserted that she sold her dental practice at that location and sent all employees letters that when the sale was final, the employees would be terminated but would probably be rehired by the new dentist. Defendant also asserted that her staff asked multiple times for Plaintiff's return date, but Plaintiff did not respond. Further, that the defendant did not terminate plaintiff while she was in practice at this location.
School District did not hire plaintiff for a coaching position. Plaintiff alleges that was due to age discrimination.
Injured employee alleged that her employer made negative comments about whether she was injured, whether she could do the job, and about her heritage. She alleged that the employer did not engage in the iterative process or seek to accommodate her so that she could work. Employer denied claims.
Employee alleges he was retaliated against by his employer for complaining about wage and hour violations, including failure to pay overtime and per diem for out of the area work.
Plaintiff alleged that Defendant discriminated against Plaintiff, who was out on leave, by failing to allow her to return to work, by discriminating against her for speaking Spanish on occasion, and by refusing to allow her to have her own uninterrupted time during meal and rest breaks.
Appeal de novo from award of Labor Commissioner to a short haul trucker working with a logistics company under an independent contractor agreement who the Labor Commissioner determined should have been classified as an employee. The logistics company believed it would prevail based upon federal preemption, including under the FAAA.
Pregnant employee alleged that she was forced to go on medical leave with no interactive process after refusing to do a task involving cleaning chemicals.
Investment analyst alleged that the principal of a real estate investment business sexually harassed her over an extended period of time on a pervasive basis and that when she rejected his advances, he retaliated against her by withholding payment for certain transactions. Defendants denied and claimed that the analyst was not an employee. The analyst also was a limited partner in a number of the entity’s investments. The entity brought actions against the analyst in multiple states alleging license violations and seeking disgorgement of profits.
Plaintiff tenant alleged gender violence, sexual battery, Bane Act violations, and negligent hiring against landlord personally and the entity owning/managing the residential property. Defendants denied all allegations in their entirety.
Plaintiff alleged that she was misclassified as an exempt employee and therefore was entitled to overtime, meal and rest breaks, damages, penalties, and interest. Defendants denied and relied on the facts, expectations and job description to show that Plaintiff was exempt.
A sexual relationship developed between a principal in a business and one of the employees. The employee alleged that when she ended the relationship, she was retaliated against, given an unwanted change of assignment, given poor reviews, and passed over for promotion. Subsequent to the constructive termination and the filing of her legal claim, the former employee learned that she had contracted a sexually transmitted disease from the business owner. She alleged that early in the relationship she had asked him whether he had any STDs and he had said no. The owner denied the employee’s claims and asserted that the employee would be unable to prove causation, alleging that she would be unable to prove that she did not contract the STD from another man.
Commercial driver alleged racial discrimination and wrongful termination due to treatment by his employers during his employment and following an incident with another employee who made disparaging remarks.
Plaintiff alleged that she was not accommodated following an injury at work and that she experienced disability discrimination, race discrimination, and sexual orientation discrimination. She alleged that she was terminated from her sales position for taking protected leave, in violation of law.
Dental practice terminated a dental hygienist the same day she provided a doctor’s note seeking accommodation for an injury to her hand. The hygienist filed a complaint that included disability discrimination, failure to accommodate, wrongful termination, and wage and hour violations. The dental practice defendants denied that the termination had anything to do with the request for accommodation and asserted legitimate reasons for the termination.
A disability discrimination and wrongful termination case in which Plaintiff claimed he was a warehouse employee who was terminated within one month of sustaining an injury while working and told that he could not have his job back unless he was 100% recovered. He was on light duty for three weeks due to restrictions placed by the doctor. After three weeks, he was terminated. Plaintiff claimed failure to engage in a good faith interactive process. Defendant claimed the employee worked there only one month before he was injured and that due to the type of work restrictions keeping him on was a hardship.
Plaintiff alleged that the Defendant financial institution did not provide her with advancement opportunities and equal compensation due to her gender. She alleged constructive termination.
Autobody shop employee alleged he was harassed because of his religion, not offered accommodations when he was injured at work, and terminated three months later due to his injury. He alleged he was not paid for all of his overtime, and was not provided his meal and rest breaks.
Claimant alleged Respondent did not pay commissions due, disability discrimination, failure to accommodate and wrongful termination.
Plaintiff dispatcher for a transportation company alleged that he was misclassified as an exempt salaried worker when his duties showed that he should have been classified as a non-exempt employee and therefore he was entitled to overtime pay, penalties, and he also alleged meal break violations.
Plaintiff restaurant employee alleged he was misclassified as an exempt employee. Defendant claimed employee was a manager and therefore not entitled to bring claims for overtime, meal and rest breaks, or PAGA penalties.
Plaintiff’s claims for defamation, retaliation, and constructive discharge included that her employer retaliated against her for reporting illegal conduct to human resources and that as a result, protocol for investigating, informing the employee of the outcome and lack of help by the company in finding the employee a position in which the employee would feel safe, resulted in retaliation by the manager who was involved in the illegal activity by adding tasks beyond the job description to the employee’s work, and offering her only a position working for another manager who had a close and personal relationship with the manager about whom she complained.
Plaintiff was a grocery employee who alleged his employer did not pay him the overtime rate for overtime, did not accurately document or pay for his hours, when he did pay overtime, it was straight time and in case, and that the employer violated meal and rest break laws.
A high level employee claimed, pre-litigation, that he was induced by employer to take a new management position outside of the United States by making certain representations of what his autonomy would be and what would be expected of him. However, after moving his family, which included the need for his spouse to change jobs and for the family to lease a new residence, the company hired regional management, in contravention of its original representation, who micromanaged his work and would not let him grow the new out-of-U.S. market in the way that he believed would benefit the company, causing stress and attendant physical and psychological symptoms. When the symptoms were reported to the company, he claimed that the company did nothing to provide him with his contractual benefits. He was removed from the position and went out on medical leave. He claimed constructive termination. His damages included loss of stock options, salary, and emotional distress.
Former employee of an airport baggage handling service claimed that his employer ignored his reports that supervisors harassed him on the basis of his ethnicity and also sexually harassed him, calling him derogatory names, and further claims that the racial discrimination was the basis of his termination.
Home health care worker paid on a piece basis alleged that she was paid under minimum wage, was not paid overtime, nor given meal and rest breaks. Employer alleged the worker cheated on her time and was not due any additional compensation or penalties.
Claimant alleged she was discriminated against and wrongfully terminated because she asked for accommodations while pregnant.
Plaintiffs each worked at a restaurant. Once each one became pregnant, they alleged they were not accommodated, their hours were cut, and they were not given uninterrupted meal and rest breaks. Defendants denied discrimination, asserted that everyone’s hours were cut – not just the pregnant workers’, and that there were no wage and hour violations.
In a disability discrimination/wrongful termination case, Plaintiff alleged he was discharged after informing his supervisor that he would need to take additional time off to deal with a medical condition.
Plaintiff, a nurse supervisor at an acute care facility, alleged she was wrongfully terminated for refusing to fraudulently change patient records or for asserting that she would report the facility. Defendants denied and asserted that Plaintiff was terminated for failing to go to work without getting permission.
Claimant alleged supervisor sexually harassed her through unwanted sexual advances, texts, touching, and got mad when she told him to stop.
Employee who returned from medical leave with restriction alleged that she was not offered available jobs or an accommodation.
An African American bus driver alleged that his workplace was permeated with sexual banter, conduct, and racial epithets. When he complained, he was retaliated against, written up, when others were not, and ultimately terminated.
Alleged embezzlement by an employee/shareholder. Wage and hour violations alleged against the employee.
Dispute involving a wage and hour class action brought on behalf of delivery drivers for a delivery company.
Pre-litigation dispute between a media transmission company and a former IT employee who alleged he was wrongfully terminated for asking a company to pay for continuing education, for reporting safety violations, and for taking paid time off. Company alleged the employee was late on an almost daily basis and had production issues.
Dispute by a former employee regarding his classification as an exempt employee involving individual and PAGA claims. Plaintiff was a field manager for a real estate management company.
Settled dispute involving a local delivery driver for a bakery who alleged that he worked overtime on a daily basis, six days a week, but was paid only his regular hourly rate rather than 1.5 times the regular hourly rate for his overtime hours and was not paid at the overtime rate for his entire shift that was over the 40 hours. He further alleged that he was not provided any meal or rest breaks or paid a premium for the missed breaks. He alleged the company cut his work schedule in retaliation for filing the complaint. The company denied all of the allegations.
Arbitrated matter in which the Claimant brought causes of action for disability discrimination, failure to accommodate, retaliation, and wrongful termination. Respondent’s Motion for Summary Judgment was granted.
Sexual harassment, sexual battery, gender orientation harassment, racial harassment and wrongful termination case brought by five employees against an employer/ business owner who was accused of making lewd comments to his employees on a regular basis in the workplace, requiring them to attend parties outside of work, drugging one of the employees and attempting sexual contact with her, making derogatory comments about an employee’s perceived gender orientation, making racial slurs and terminating the employees who complained of his conduct.
Sexual harassment, sexual assault, constructive termination, failure to pay overtime, meal and rest breaks case brought by two employees of a credit card sales company alleging that their employer would make sexual comments about them, stand over them and look down their blouses, and touch them inappropriately, causing them to leave their employment.
Sexual harassment case brought by a current employee of a governmental agency seeking damages for emotional distress due to allegations that a co-worker touched her without consent several times and made sexual comments on a regular basis all with the knowledge and acquiescence of the employer.
Male corrections officer at private correctional facility claimed gender discrimination as the reason for his discharge, given that a female corrections officer who was also involved in an incident regarding a thwarted escape attempt was not discharged until after her pregnancy leave.
Action for sexual harassment, retaliation and wrongful termination brought by an employee alleging she complained of sexually explicit comments made by a supervisor and was terminated as a result. Defendant employer asserted it had legitimate business reason for the termination, including allegations of violation of the company’s written policy by falsifying time off requests, sending highly confidential client information to her personal email account and by bullying co-workers.
Action brought by a delivery driver against his employer for constructive wrongful termination in violation of public policy, intentional infliction of emotional distress and negligent supervision and retention alleging that he was forced to quit his employment because of the employer’s continuing sexual advances and sexual harassment.
Action for sexual harassment in the workplace, constructive termination and intentional infliction of emotional distress in which plaintiff alleged that one of the other employees played x- rated videos on his computer in view of the plaintiff with the knowledge of the employer.
Action for sexual discrimination and harassment, hostile work environment and failure to prevent discrimination and harassment and intentional infliction of emotional distress against a men’s clothing manufacturer who forced the salesmen and co-workers to undress in front of her in the course of trying on the clothing line, calling her and her co-workers sexual and ethnic names, asking her about her sex life and circulating a letter inferring she had sex with a co-worker.
Sexual harassment case brought by a current employee of a governmental agency seeking damages for emotional distress due to allegations that a co-worker touched her without consent several times and made sexual comments on a regular basis all with the knowledge and acquiescence of the employer.
Action against a staffing agency and a manufacturer for discrimination and harassment based on sexual orientation, retaliation and defamation, alleging he was treated unfairly and singled out for tasks outside of his job function because he was homosexual.
Two employees claimed wrongful termination from a car dealership; one for disability discrimination resulting from PTSD and his military status and one for racial/national origin discrimination. The employer claimed that each employee was terminated for violating company rules.
Discrimination claim in which employee was laid off shortly after she notified her employer that she was pregnant.
Disability Discrimination case with a wage and hour component in which an employee of a golf course alleged she requested accomodation for a foot injury after having worked at this position for six months. She requested a temporary change of duties, but instead she alleged her hours were reduced. One day she could not work for medical reasons and could not reach her manager to explain. When she came to work for her next shift, she was terminated.
Disability Discrimination case in which a forklift driver alleged the company failed to accommodate his medical restrictions and retaliated against by changing his shift time and shortening his hours and then terminated for requesting work with restrictions. Defendant claimed that there was no retaliation; that there was a global company change in shift times and Plaintiff was not singled out.
Disability Discrimination dispute in which a delivery driver was terminated after his physician placed him on medical leave. Plaintiff also alleged wage and hour violations. Defendant alleged the employee abandoned his job.
Disability Discrimination disputes in which employees alleged they were terminated because they took disability leave. They faulted their employers for failing to engage in the interactive process as well as failure to rehire. The employers asserted the terminations were legitimately due to poor attendance, hours and job performance issues.
Employee of a retail chain alleged she was singled out for discipline and later terminated based on the employer having to accommodate her disability. The employer claimed poor job performance was the reason for the discipline and termination.
Disability discrimination and wrongful termination case in which Plaintiff alleged she was treated differently and in a condescending way after her injury and multiple eye surgeries for which she was required to take medical leave and have some minor accommodations at work.
Nurse alleged Disability Discrimination and California Disability Act violation against a medical facility for refusing to allow her to bring her service dog to work at the medical facility.
Action by a bus driver against her former employer for disability discrimination under the FEHA for failure to accommodate her disability. She also sued for violation of the Family and Medical Leave Act, including retaliation and termination of her employment for taking her leave of absence.
Action by the executive director of an organization for disability discrimination, harassment, retaliation and wrongful termination after she disclosed her cancer diagnosis.
Plaintiff employee, who alleged his disability prevented him from sitting for more than two hours at a time, brought an action against his former employer for terminating him while he was on medical leave, failing to engage in the interactive process and failing to provide a reasonable accommodation.
Disability Discrimination case with a wage and hour component in which an employee of a golf course alleged she requested accomodation for a foot injury after having worked at this position for six months. She requested a temporary change of duties, but instead she alleged her hours were reduced. One day she could not work for medical reasons and could not reach her manager to explain. When she came to work for her next shift, she was terminated.
Disability Discrimination case in which a forklift driver alleged the company failed to accommodate his medical restrictions and retaliated against by changing his shift time and shortening his hours and then terminated for requesting work with restrictions. Defendant claimed that there was no retaliation; that there was a global company change in shift times and Plaintiff was not singled out.
Disability Discrimination dispute in which a delivery driver was terminated after his physician placed him on medical leave. Plaintiff also alleged wage and hour violations. Defendant alleged the employee abandoned his job.
Disability Discrimination disputes in which employees alleged they were terminated because they took disability leave. They faulted their employers for failing to engage in the interactive process as well as failure to rehire. The employers asserted the terminations were legitimately due to poor attendance, hours and job performance issues.
Employee of a retail chain alleged she was singled out for discipline and later terminated based on the employer having to accommodate her disability. The employer claimed poor job performance was the reason for the discipline and termination.
Wrongful termination, racial discrimination and gender orientation harassment brought by an employee who alleged the supervisor referred to him on a regular basis by racial slurs and made constant derogatory remarks about his sexual orientation. Employee alleged that after he complained to the employer’s human resources department, the supervisor then wrote him up for poor work performance, which the employee claimed was pretext.
Action for race discrimination, harassment, retaliation and failure to investigate FEHA protected complaints by a 911 dispatcher against a city. Plaintiff alleged that supervisors treated her disrespectfully and in a demeaning manner based on her race, and that because of ongoing harassment and discrimination she was forced to quit her employment.
Action brought by a school principal for wrongful termination from her position due to race and to mandate the school district to reinstate her as principal for failure to comply with Education Code section 44951, which requires that the notice of termination be sent by registered mail or signed by the affected employee no later than the 15th of March preceding the following school year.
Wrongful termination, retaliation, wage an hour case brought by an employee who was a computer analyst for a large company and was terminated on the stated grounds of performance issues. The employee alleged that this reason was pretext because he was terminated right after his questions and complaints about misclassification.
Action for wrongful termination by a shipping clerk who alleges he was terminated for failing to follow his employer’s instructions for disposal of expired toxic and hazardous materials in a manner that violated state and federal regulations.
Police detective brought an action against his employer governmental entity for retaliation alleging he was not promoted or given coveted assignments because he engaged in protected activity.
Action for retaliatory discharge brought against an employer working on government contracts who discharged one of its scientists. The scientist alleged, among other things, that he was terminated for reporting what he believed was non-compliance with a federal statute. The company alleged that the discharge was for a proper reason and that the decision maker did not have knowledge that the Plaintiff was engaged in protected activity.
Plaintiff employee brought an action for age discrimination, defamation, pregnancy discrimination and wrongful termination. A videotape operator claimed he was discharged, not for sending clients the wrong tape, which he alleged was pretextual, but because a supervisor made comments about his age and because he had scheduled a three-month paternity leave, using vacation and sick time, to begin at the birth of his child.
Plaintiff brought an action for breach of implied contract, wrongful termination in violation of public policy, age discrimination, retaliation and unfair business practices. When he joined the company he had a three-year employment contract. Two years later, he was promoted and an addendum was added to his contract. The following year, the firm designated him a participant in the company’s long-term incentive plan. A year later, plaintiff alleges he noted illegal, fraudulent or nom-compliant conduct in accounting or reporting practices that he brought his concerns to senior management’s attention. Plaintiff alleges that after raising the issue multiple times, the company terminated his employment. The company asserted that the employment agreement was at will, that they terminated plaintiff due to downsizing, and that they did not terminate other individuals in the same or similar job category who were older than plaintiff.
Wage and hour dispute in which a security guard sued the owner of the building for whom he provided security, as a joint employer, in addition to the security company for whom he was employed.
Cargo ramp agents alleged they were not provided breaks or lunch periods due to work demands.
Class action lawsuit brought by a certified class of plumbers against their employer for classifying them as exempt employees, for failure to pay overtime compensation and failure to provide adequate meal and rest breaks.
Class action lawsuit brought by a certified class of exotic dancers against a strip club for misappropriation of the dancers’ tips, misclassification and other wage and hour violations. The club required the dancers to pay the club a portion of the monies that customers paid to the dancers for lap dances, which the class alleged to be illegal under Labor Code Sections 351 and 350(e). Further, the dancers alleged that they were employees rather than independent contractors.
Class action brought by a certified class of insurance agents for misclassification as exempt employees and failure to pay overtime.

Hon. MICHELLE R. ROSENBLATT (Ret.)

Representative Cases

EMPLOYMENT

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