$1.35M Verdict Goes to Self-Storage Employee in Wrongful Termination Case

The California appeals court upheld the lower court’s decision in a wrongful termination suit that awarded a former self-storage employee, Eva O’Brien, $1.325 million. The award covered wrongful termination and punitive damages. Eva O’Brien was awarded:

·       Compensatory Damages: $325,000

·       Punitive Damages: $1,000,000

·       And the cost of legal fees

The case was against Dennis E. Baca, the owner of Airport Self Storage located in Livermore, California.

When the lower court issued their decision, Baca motioned for a new trial. His motion was denied. When the motion was denied, Baca appealed the lower court’s decision arguing that the plaintiff did not provide sufficient evidence to support the jury’s verdict. He also argued that the award for damages was excessive and accused O’Brien’s legal counsel of misconduct in the process of the trial.

Baca and his self-storage facility manager, Laura Read, hired O’Brien at $15/hour as a “relief clerk” in November 2010. In addition to being the facility manager, Read is described as being Baca’s “longtime companion.” O’Brien was to work three days each week at the self-storage facility and the other two days of the work week at the company’s business office. The self-storage business also does business as Baca Properties, owners of various commercial assets.

In early summer 2022, O’Brien discovered she was pregnant and advised her manager, Read, even though she was warned by a co-worker that Baca would be unhappy hearing the news. In a meeting between Read, Baca and O’Brien on October 7th, Baca berated O’Brien, throwing a rental agreement at her and accusing her of only thinking about her family, “making so many mistakes,” not paying attention, complaining that her “belly” was going to get so big it would prevent her from doing her work and also complaining that after that she would be breast feeding and “causing more problems.”

According to court documents, that’s not where the berating ended. Allegedly, Baca then got in O’Brien’s face and asked her if she wanted to give notice. O’Brien said no, and Baca told her to get back to work advising her that he was, “not going to take care of [her].” Baca didn’t fire her allegedly because he didn’t want her to collect unemployment, but he did advise another associate at the company that he was going to make her quit and asked another of her co-workers to confiscate her keys to the facility. A few days after the meeting in which Baca first demanded O’Brien give notice, she was told not to answer the phone, collect checks or use the computer. She was instead told to clean, dust, and mop (including cleaning the windows and toilet). These were all duties that she had not been responsible for previously.

A few days later, she was sent home from work after only three hours on the job. She filed a claim with the Employment Development Department for a reduction of work hours. This was not the last time she was sent home early from work (losing a significant number of hours). According to court documentation, the facility manager began the search for O’Brien’s replacement directly after the October 7th meeting and scheduled them to begin work on October 19th. When O’Brien reported for work on the 21st, she was advised that the owner wanted her to go home. When she called her manager to ask when she should return to work, she was told, “We see that you filed for unemployment. We no longer need your services.” Baca included a forged note with O’Brien’s last paycheck to give the appearance that O’Brien had given notice. He later admitted to the court that he wrote the note for that purpose. The court concluded that this action was an “intent to create beneficial evidence if O’Brien sought unemployment benefits for being fired.”

Baca was described as a micromanager and after her treatment on the job and her wrongful termination, O’Brien was treated for both depression and anxiety. She was awarded $25,000 for economic loss and $300,000 for emotional stress by the jury. After Phase II of the trial, the jury decided that the facility owner’s behavior was malicious, oppressive or fraudulent. As a result, O’Brien was awarded $1 million in punitive damages in addition to the other awards.

If you have been the victim of wrongful termination or if you are experiencing discrimination in your workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Alleged Age Discrimination at Hewlett-Packard Results in Lawsuit

Another age discrimination complaint has been lobbed at Hewlett-Packard, tech giant. The most recently filed age discrimination lawsuit was filed by Bryant Fonseca, 55, a San Diego resident. Fonseca sued in San Diego Superior Court, seeking class-action status. A Hewlett-Packard spokeswoman responded by email stating that the Palo-Alto based company doesn’t comment on ongoing litigation.

Bryant Fonseca was a Hewlett-Packard employee as a research and development buyer for close to 40 years. He claims that the tech giant terminated his employment at the Rancho Bernardo location last May as part of their 2012 plan to reduce their workforce that targeted older employees.

Prior to filing the lawsuit, Fonseca completed the required step in the process that is often skated over, filing a complaint with the state Department of Fair Employment and Housing. He was granted the right to sue. Yet the interesting part of this step in the legal process is that the department has received more than 32 complaints citing age discrimination at Hewlett-Packard since July 2012. Of the 32 complaints, seven were aimed directly at the Hewlett-Packard San Diego location. Also interesting, 24 of the 32 complaints were given permission to sue the company. (Seven were dismissed or withdrawn and one was closed as it was not in the department’s jurisdiction).

In a review of age discrimination complaints to California state officials last year, USA Today found that of 12 leading tech companies since 2012, Hewlett-Packard claims the top spot. (Cisco Systems was second on the list with 11 complaints). Hewlett-Packard officially denies that their workforce reduction plan targets older workers for layoffs instead stating that their selection process is “neutral.”

If you are experiencing age discrimination in the work force or if you have been forced into a hostile work environment of any type, we want to help you. Contact one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Former Eagles Quarterback McNabb Suspended Due to Sexual Harassment Lawsuit

Former Eagles quarterback, Donovan McNabb, is amongst a short list of players recently accused of sexual harassment by the same woman. As a result, McNabb was suspended from his ESPN job as an on-air NFL pundit. (He also had one of the most decorated careers of any Eagles quarterback).

The woman who filed the sexual harassment lawsuit is Jami Cantor, a former wardrobe stylist for the NFL. She worked in the position from 2006 through 2016 and claims that while she was in the employment of the NFL, she experienced sexual harassment at the hands of McNabb, and other fellow athletes including: Heath Evans, Ike Taylor, Warren Sapp, and Marshall Faulk. 

McNabb was the last Philadelphia quarterback to lead the team to the Super Bowl (and the team has only been to the Super Bowl twice). He has also been a frequent visitor to the current team. This isn’t the first time McNabb has found himself facing legal trouble. In 2015, he was arrested in Arizona and was sentenced to 18 days in jail for DUI. Cantor claims that McNabb (and several other players/employees) made lewd comments and groped her while she was employed at the NFL Network Studio in Culver City, California. She also claims that McNabb sent texted her inappropriately with crude, sexual comments on multiple occasions.

According to the lawsuit, Faulk asked her about her sex life, fondled her inappropriately, groped her from behind, and exposed himself to her after inviting her into his hotel room while making sexual demands.

In the same lawsuit, Cantor claims that Evans, a former Patriot, sent nude photos of himself and made sexual propositions to her.

She also claims that Davis, former 49er groped/rubbed her and made a number of crude/lewd statements. 

Cantor also included allegations against a former Steeler, Taylor, stating that he sent photos and video of himself masturbating in the shower.

Former Tampa Bay Buccaneer, Sapp, was included in the lawsuit due to an incident when he entered a bathroom in which Cantor was preparing a wardrobe and urinated in front of her. He also allegedly gifted Cantor with sex toys for Christmas every year for three years and sent her nude pictures of women he had been with sexually.

Prior to filing the sexual harassment lawsuit, Cantor filed a wrongful termination lawsuit in October stating that she was fired without prior warning for allegedly stealing clothing from a player. Cantor denies this charge.

If you have been wrongfully terminated or you aren’t sure if your situation qualifies as wrongful termination, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Whistle-Blower Points the Fraud Finger at Banc of California

Banc of California, Inc. is under investigation by U.S. regulators. The investigation follows a situation in which a short seller linked the institution to an imprisoned con man, alleged inflated profits and a top executive who allegedly supported his stripper habit with company funds. Allegations were detailed in a whistle-blower lawsuit filed by Heather Endresen, a former managing director for the Small Business Administration’s Loan Program.

According to the lawsuit, a decision was made at management level that reversed accrued employee bonuses, which caused Banc of California Inc. to carry over revenues generated in 2016 improperly in order to create a “false” representation of profits for the year. After complaining about the shifting of the pool of bonuses, as well as the inappropriate behavior of the then-CFO, Francisco Turner, Endresen claims she was wrongfully terminated.

According to the complaint filed by Endresen, Turner used company money to pay for strippers as well as engaging in sexual conduct with employees at the office, using drugs at work and putting pressure on lower level employees to join him in his behavior.

Turner declined to comment on the allegations other than to say that there are no claims against him personally and he disputes the allegations made about him. He stated that he would be vindicated through the legal process.

Endresen claims that when she reported the problems, she was told by Banc of California’s legal counsel that the company did not have a policy in place that prohibited employees from engaging in either behavior (engaging in sexual activities in the workplace or using company money to pay for strip clubs). Turner resigned from his position as Banc of California CFO in June in order to pursue other interests. According to the official statement on the matter, Turner’s decision to leave did not relate to any issues regarding the company’s financial reporting, system integrity, etc.

The company insists that the action has no merit and that they will be defending against the claims.

If you have questions regarding wrongful termination or you have been wrongfully terminated from your employment, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Excessive Investment Fees Result in Agreed Upon $14M Settlement from Fujitsu

In order to end a proposed class action close to $150 million, Fujitsu agreed to pay a $14 million settlement. The proposed class action alleged that the company paid more in investment fees for retirement funds than necessary affecting close to 23,000 current and former employees.

Workers hope the judge approves the deal that would be worth about $600 for each class member. They argue that it is a favorable comparison to other settlements in ERISA (Employee Retirement Income Security Act) suits regarding excessive fees. The settlement amount proposed is about 1% of the plan’s total value according to the class.

The workers’ unopposed motion for preliminary settlement approval urged the judge to approve the settlement stating that the amount was impressive in aggregate, when considered on a per-capita basis, and when viewed as a percentage of the plan’s assets. It compares favorably to other recent 401(k) settlements by all measures.

Workers originally sued Fujitsu in June 2016 alleging that the company mismanaged the employee retirement plan. Claims insisted that Fujitsu bought more expensive classes of funds than was necessary, deprived workers of returns, failed to monitor record keeping/administrative fees paid, and kept investments in plan offerings that were far too expensive.

Fujitsu first attempted to argue for dismissal claiming that the workers’ claims were based on “hindsight” and that the fees were appropriate and in line with those approved by the court in other suits. Their motion to dismiss was denied in April, but the judge did “leave open the possibility” that the arguments could win at summary judgment or trial. He also noted that some of the workers’ claims could be time-barred.

In September, the parties involved agreed on a draft deal after mediation efforts to reach a resolution. The draft deal was recently finalized and the workers now seek approval.

Approval of the settlement would mean that participants in the class (employees participating in the Fujitsu 401(k) plan between June 2010 and September 2017 would receive payment. The class includes 22,705 members. Close to a quarter of the settlement amount will likely go towards attorney fees and costs.

If you have questions about ERISA or your rights in regard to your employer provided 401(k) accounts, please get in touch with an experienced California employment law attorney at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

California Toyota Dealership Accused of Wrongful Termination

Josh Beaulieu, a former technician/mechanic for a Sacramento, California Toyota dealership is suing for alleged defamation, workplace retaliation, wrongful termination and hostile work environment. 

Beaulieu filed the complaint in Kern County on November 2, 2017 in U.S. District Court for the Eastern District of California. The suit was filed against Madland Toyota-Lift Inc. and Mary Madland. Beaulieu alleges malicious treatment amidst other allegations. 

According to the lawsuit, Beaulieu started work for Madland Toyota-Lift in August 2016. He states that on May 23, 2017, he suffered damages as a direct result of his wrongful termination. Damages Beaulieu cites in the complaint include: lost income, loss of employee benefits, emotional distress related to the job loss and mental anguish due to the wrongful termination. 

Beaulieu’s lawsuit states that he was falsely accused of carrying a gun on the job at Madland Toyota-Life in Sacramento, California. He also states that he had previously been subjected to a number of hostile situations by a number of Hispanic employees at the dealership. Beaulieu, plaintiff, alleges that the dealership forced him to retain legal representation when they terminated him in bad faith without any reasonable grounds for the adverse action as well as failing to take appropriate action to protect Beaulieu from oppressive and malicious treatment on the job at the dealership. The plaintiff seeks a trial by jury, damages (both economic and punitive), injunctive relief, attorney’s fees and costs, and any additional relief the court deems fair. 

If you have questions regarding how to respond to a hostile work environment or what constitutes wrongful termination, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik. 

Wrongful Termination Suit Aimed at NBCUniversal Amidst Sexual Harassment Allegations

Gina De Marco, a former Los Angeles employee for NBCUniversal, claims she experienced a hostile work environment including sexual harassment from a direct supervisor. She further alleges that the media conglomerate failed to fully investigate the alleged sexual harassment and that it constituted a hostile work environment. 

In an attempt to resolve the situation, De Marco filed a wrongful termination lawsuit. The lawsuit alleges that NBCUniversal failed to respond appropriately to her complaints of inappropriate, gender-based, sexual comments that she faced on a regular basis at work. She also alleges that she was forced to endure retaliation after reporting the harassment. 

De Marco filed the lawsuit in California state court in September and NBCUniversal Media is fighting the suit. Last month the case was removed to federal court. As is stated in the suit, De Marco worked for NBCUniversal as a senior digital fulfillment specialist between 2016 and August 2017. Due to “work restrictions” she worked from home. De Marco alleges that her direct supervisor, John Vitulli, began harassing her and creating a hostile work environment beginning in November 2016. Amongst other alleged inappropriate behavior, De Marco claims that Vitulli referred to his genitalia as a “lightsaber” and told De Marco about his own and other male employees’ “masturbation practices.” 

Two other instances noted in the lawsuit of inappropriate behavior on the part of Vitulli included his response to De Marco’s question about an upcoming LBGTQ event with, “I don’t take part in those gay things” and responding to De Marco advising him that another female employee was out of the office due to a domestic abuse related hospital stay with, “She should have learned to keep her mouth shut…she should have limped into the office.” 

After reporting the issues to NBCUniversal’s human resources department, De Marco alleges that no adequate investigation occurred. She was also not assigned a new supervisor. Later in the suit, De Marco states that she experienced mental and/or physical disabilities in June 2017 due to the continued harassment and workplace retaliation that limited both her personal and professional life. De Marco was eventually put on sick leave until she was let go. De Marco claims she was wrongfully terminated due to her complaints about Vitulli, her complaints about he post-complaint harassment/retaliation and her disabilities/need for accommodations and leave. 

NBCUniversal claims the termination of De Marco stemmed from the move of her position from an at-home position to an in-office position, but De Marco claims she was not provided with an opportunity to accept an in-office position if one was available. In court the media giant shows the action as frivolous and are demanding their attorneys’ fees paid. 

If you have concerns regarding wrongful termination or if you have experienced workplace retaliation, please touch base with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.