A Former Walt Disney Employee Accuses the Most Magical Place on Earth of Wrongful Termination

A former Walt Disney employee, Angela Devore, is suing. Allegations include: discrimination, violation of the Family and Medical Leave Act and wrongful termination. She filed the complaint in U.S. District Court for the Central District of California Western Division on January 3rd, 2018. The suit (U.S. District Court for the Central District of California Western Division case number 18-cv-00041) was filed against Walt Disney Imagineering Research & Development Inc. alleging that they violated her rights as an employee to family and medical leave.

The Family and Medical Leave Act or FMLA is a labor law that requires larger employers to provide employees with unpaid leave for serious health conditions, to care for family members who are sick or experiencing serious health conditions, or to care for a newborn or adopted child.

Devore was hired as a set decorator in May of 2014. She was terminated on January 4, 2016.

According to the suit, Devore suffered (and will continue suffering) damages from lost wages, lost bonuses, lost benefits, emotional distress, mental suffering, and other pecuniary loss. Decore alleges that Disney interfered with her right to use her FMLA leave to provide care for her father when he needed assistance with serious health conditions during her time with the company.

Wrongful Termination is a legal term used to describe instances in which an employee’s contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. In this case, Devore claims she was wrongfully terminated because the FMLA required her employer to allow her to take unpaid leave without discharge. 

Devore claims that the company discriminated against her when they terminated her employment as she tried to exercise her right to take FMLA leave and then refused to reinstate her to her previous position at a later date.

Devore is seeking a trial by jury, economic, non-economic and liquidated damages, interest, declaratory and injunctive relief, attorney fees, etc. all in accordance with what the court deems just.

If you need help handling a wrongful termination or if you are being discrimated against in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

California Based Newspaper Fires Employees Who Demanded Overtime With Expensive Consequences

Can a company fire an employee because they sued for back overtime? Recent news indicates that the answer is no – at least in California. This is exactly what Joong-Ang, publisher of Korea Daily (a Korean language newspaper based in California), found out when the court ordered him to pay $584,612 to three former employees.

The story began in June of 2013. Three of the newspaper’s employees filed a California overtime lawsuit alleging that they were not paid overtime wages as required by law. Only a couple months later – the three employees were fired from their jobs with Korea Daily.

Some claim this was a coincidence – which is arguable considering the fact that on the same day the three employees who filed suit were let go, all the employees at the same printing facility were also let go. Yet all the employees let go from that printing facility were rehired by another company that took over the operations – all except the three employees who filed a California overtime lawsuit against the newspaper. According to the three plaintiffs, they were not advised of the opportunity alongside their co-workers.

When they discovered what had happened, the three now unemployed workers added more claims to their suit including wrongful termination.

The courts sided with the plaintiffs. They won the case. The Korean language newspaper appealed, but late last month, Korea Daily lost their appeal.

According to California Labor Code Section 1199, it is illegal for an employer to fail to provide overtime wages in accordance with the Industrial Welfare Commission. As occurred in this case, the employees have the right to overtime wages and may exercise that right (in this situation by filing an overtime lawsuit). If the employer then terminates the employee for exercising their right to overtime pay, the worker could be entitled to additional “damages” due to wrongful termination.

So, essentially, Joong-Ang, the publisher of Korea Daily, was ordered by the court to pay $584,000 for firing employees who demanded they be paid overtime the company was required to pay by law. If you are a company in California make sure you are familiar with both federal and state overtime rules. Employees are entitled to overtime and are seeking restitution in court more than ever before.

If you are a California business that needs assistance with employment law violations or if you are a California employee who is not paid overtime pay, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Will “Bohemian Rhapsody” Firing Have Bryan Singer Suing Fox?

Bryan Singer, well known as the director of X-Men, was recently fired from his new movie Bohemian Rhapsody. The termination occurred after his unexplained disappearance from the set. 20th Century Fox terminated Singer after he went missing citing unexpected unavailability and other charges of unprofessional behavior – specifically unprofessional behavior towards actor Rami Malek on the set.

Now Singer is claiming that his unexplained disappearance was due to the fact that he needed to care for a “gravely ill” parent and that when he tried to get the time off, Fox refused. According to Singer’s statement, there were fewer than three weeks to shoot remaining and he asked Fox for time off to deal with a parent’s pressing health matters in the United States. He noted that the experience was very taxing and took a serious toll on his own health. According to Singer, Fox refused the time off request and terminated his employment as director. Singer claims that he wanted nothing more than to finish the project as planned, but that events were out of his control and he was forced to put his health and the health of loved ones before his dedication to honoring the legacy of Freddie Mercury and Queen through the making of Bohemian Rhapsody.

As there has been a lot of focus on sexual misconduct in connection with Hollywood lately, it is no surprise that attention is being drawn to allegations of sexual misconduct connected to Singer’s current circumstances. They are not the first. These types of accusations have followed Singer throughout his career. Also indicating a problem is the fact that Singer’s long-time publicist recently dropped him as a client – without offering any explanation for the surprising move. If sexual misconduct charges are officially thrown at Singer, being fired from a movie will be the very least of his troubles.

Yet Singer’s claims could also be true. It’s possible that he was fired after taking a brief break to care for an ill parent and get his own health in order. If that’s the case, he could have a case of wrongful termination.

According to California labor law, employees can be rightfully terminated for unexplained absences or being unprofessional/clashing with co-workers. They cannot, however, be rightfully terminated due to a medical leave or a disability.

In accordance with the Federal Family and Medical Leave Act, an employee is provided 12 weeks unpaid leave when an immediate family member has a serious health condition. When the employee wishes to return to work (within the specified time frame) the employer must give their job back.

Considering Singer’s commonly known reputation, it’s likely that Fox’s version of events leading up to his termination are accurate. In fact, it has previously been reported that Fox put certain “parameters” in place prior to securing Singer for his role in the movie – one of which was to have a Directors Guild of America representative on set to monitor filming. Singer was also warned prior to being brought on to the project that they would not tolerate inappropriate/unprofessional activities from him during filming.

If you aren’t sure whether your current situation qualifies as wrongful termination, please get in touch with an experienced California employment law attorney at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$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.

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.

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.