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.

After Winning an Emmy, Anchor Karla Amezola Prepares for Wrongful Termination Suit Battle

Karla Amezola recently won her 1st Emmy award for the special series, “Atrapados en la frontera.” The series is about the plight of Haitian refugees trapped in Tijuana on their way to seek asylum in the United States. The refugees left their own country after the 2010 earthquake to work in Brazil for the Olympics and World Cup. Later they made their way through Mexico towards the United States where they planned to seek asylum. Amezola was up against 5 other nominees from Univision, KTLA and NBC.

Amezola sees the Emmy as an excellent reminder of how much she loves journalism. And it couldn’t have come at a better time because she is having a very difficult moment in her career. While an anchor at LBI Media’s Estrella TV, Amezola filed a sexual harassment complaint with Human Resources in 2016 against her boss at the time, Andres Angulo, VP of News. This led to her filing a lawsuit alleging that the company did nothing to curb the illegal behavior. Only months after filing the lawsuit, she was fired.

Amezola has been driving for Uber and Lyft since June to make a living, although she has also been actively applying for jobs in her chosen field. Se hopes that her lawsuit against Angulo and Estrella TV can move forward. There have been a number of delays that her legal counsel suggests are company stalling tactics. Amezola’s attorney feels that the company probably hopes the delays will result in the public forgetting about the allegations and that the plaintiff’s resolve will falter.

The original complaint was for sexual harassment, but it has since been refilled to add wrongful termination and seeks $15 million in damages.

If you feel you have experienced wrongful termination, please get in touch with the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Eddie Money’s Ex Drummer’s Wrongful Termination Lawsuit Moves Forward

If you’ve been keeping up with the case involving Eddie Money’s ex drummer, you will be interested to discover that Money lost the motion to dismiss and the wrongful termination lawsuit will move forward. His ex drummer, Glenn Symmonds, made claims – some of which the court refused to dismiss and the suit is scheduled to go to trial in November 2017.

Major publications have reported that Money plans to appeal the decision and still insists that Symmonds’ suit is without merit. Money’s legal representation stated that he is defending his right to decide who plays in his “faceless” back-up band. They called into question the legality of forcing well-respected and seasoned artists to retain specific support musicians stating that this would be a major blow to overall artistic integrity. The Defendant claims that he is fighting for the rights of musicians everywhere as he seeks to defend the freedom to choose how musicians express themselves. Money’s lawyers pointed at Glenn Symmonds allegedly poor character as sufficient reason for Money chose not to have him back, stating that Symmonds is ungrateful, vindictive, and awful. They also insist that “everything” alleged in the lawsuit by Symmonds is false. 

The court did rule in Money’s favor when they agreed to attempts at limiting how much info from depositions can be made public. Yet some info has already made it into the public record, particularly his off hand commentary comparing his justifications for firing Symmonds to an imaginary album titled The Reasons Why I Fired Glenn.

Money claims that after he fired Symmonds, his former drummer sent angry text messages, complained about the situation on social media and even threatened concert promoters. Symmonds denies these accusations.

Symmonds filed the suit in October 2015 when Money decided to replace his band with his own children. The suit effectively ended a professional and personal relationship that dated back to 1974.

Symmonds suit alleges that Money often mocked him while he was recovering from bladder cancer and a back injury. Symmonds’ fiancé also joined the suit claiming that Money sexually harassed her by making repeated lewd comments, attempting to kiss her in 2013 during a private party performance where, according to Symmonds’ fiancé’s allegations, Money unzipped his pants, put a thumb through the zipper and started to gyrate and dance while wiggling his thumb and facing her.

Money denies the allegations made against him.

If you have questions about what constitutes wrongful termination or if you have been harassed on the job, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Homosexuality Taunts Lead to $17.4 Million Verdict for LA Sanitation Worker

In recent news, a Los Angeles sanitation worker, James Pearl, who was taunted on the job regarding his perceived homosexuality comes away victorious with a $17.4 million verdict. The LA jury found that he endured routine harassment at the hands of his supervisors, who had falsely assumed he was gay. While the jurors deliberated for two hours, they did come out with a unanimous decision regarding James Pearl’s case.

The jurors decided that Pearl was subjected to verbal abuse, hazing, and bullying. For instance, Pearl’s photo was digitally altered to show him in a same-sex relationship with a subordinate. These altered images were circulated amongst the city employees as a part of the bullying campaign.

One of Pearl’s colleagues alerted a manager in the highest ranks of the Bureau of Sanitation regarding the situation and the mistreatment that was occurring, but according to court documentation, the supervisor did not take action. Pearl started his career with the Bureau of Sanitation in 2002. He was promoted in 2006 to wastewater collection supervisor.

In 2011, Pearl filed a complaint of discrimination with state regulators. In the complaint he alleged that he was transferred to an office in Reseda because he was black and as retaliation because he complained about misconduct in the workplace. Days after the complaint was filed, Pearl was formally notified that the city was recommending his firing. He was accused of falsifying time documents for a subordinate who was also perceived by those in the workplace to be gay. He was then terminated on August 30, 2011. He reported the situation to the state regulators, advising them that the firing was retaliation motivated by his perceived homosexuality. He also attempted to fight back against his firing through internal procedures with the L.A. Board of Civil Service Commission.

After 13 months off the job, the panel determined his firing was unfounded and Pearl was reinstated. While Pearl was off the job, a supervisor continued showing the digitally altered photo of Pearl to employees. When Pearl returned, he received a lower-paying day shift, regularly faced accusations of misconduct, and was given the same supervisor who had been showing the digitally altered photograph to employees. The leadership in the workplace referred to Pearl using derogatory terms and continued the bullying campaign by circulating offensive messages and leaving objects on Pearl’s desk suggestive of or related to homosexual behavior.

In court documentation, the city contended that Pearl did not complain internally regarding the alleged mistreatment that was occurring and also claimed this his work assignments were dictated by budget cuts and a diminished staff.

The California lawsuit was filed in Los Angeles County Superior Court in 2014. Pearl, who is now 55 years old, has been on permanent disability. He suffers from both physical and psychological damage as a result of the discrimination.

If you experience discrimination or harassment in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

UploadVR Sued by Former Employee for Wrongful Termination and Sexual Harassment

The former director of digital and social media for UploadVR is suing the startup for sexual harassment, wrongful termination, and gender discrimination. The lawsuit claims that UploadVR and co-founders, Taylor Freeman and Will Mason, willfully created a “boy’s club” in the workplace that was focused on degrading women and sex with the degradation of women focused on other employees who happened to be female.

The lawsuit was filed on May 15th in the Superior Court of California. The suit described UploadVR as a breeding ground for out of control sexual behavior, inappropriate sexual focus, and an overall unbearable workplace environment for the plaintiff and other female employees.

Some of the claims made by the plaintiff regarding the inappropriate workplace environment include:

·       Mason and Freeman hosting office parties where the co-founders discussed the amount of sex they would have at the party, how many girls they would have sex with, etc.

·       A room set aside at the UploadVR offices with a bed set aside specifically for sex during parties, and/or strippers or prostitutes invited by employees to attend the parties.

·       Male employees receiving higher pay rates than females in equivalent positions.

·       Female employees not being reimbursed for business expenses.

The defendant, UploadVR, is based in San Francisco, California. The company creates and offers training courses for developers of virtual reality software and hardware. Freeman is currently serving as the company’s president. He and Mason both issued a statement that dismissed the claims made in the lawsuit. While declining to comment directly as it is pending litigation, they did express that they felt their employees were their greatest asset and the sole reason they were in the business. They claim to be committed to creating a positive company culture and state that they will continue to further develop that mission in the future. They stated that they felt confident that the truth regarding how they treat their employees and how they operate their business would be made clear during the course of the case. They feel the allegations will be found without merit.

If you need to discuss discrimination in the workplace or if you feel that you were wrongfully terminated, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik as soon as possible.

California Litigant in Wrongful Termination Suit Has a Heart Attack

Former tennis commentator, Doug Adler, a litigant bringing a wrongful termination suit in a California case, recently suffered a heart attack. Adler, a former tennis commentator who served as a tennis analyst and commentator for ESPN before he was terminated, blames the heart attack on the stress related to the legal dispute he is having with his previous employer.

Based out of California, Adler was working the Australian Open on January 18th of 2017 when he made a comment related to the combative/aggressive style of play being exhibited by the well-known tennis player, Venus Williams, that started the entire ordeal. Adler described her style of play as “the guerilla effect” and quickly came under fire – first by the public on social media and then by ESPN, his long time employer. Adler maintains in his wrongful termination lawsuit that the term “guerilla” he used to describe Williams’ game is a term that has been used previously to describe aggressive tennis play. Many viewers and listeners interpreted the comment as “gorilla” and assumed it was a derogatory and racist remark in connection to Williams being African-American. Adler was essentially accused of uttering a racial slur on air. Instead of backing their analyst, ESPN required him to produce an on-air apology the next day. When the criticism kept coming ESPN fired Adler.

Adler has since stated that he regrets the way that ESPN handled the non-issue. Their response to the public misinterpretation and subsequent backlash effectively branded Adler, his character and his reputation for life and essentially black listed him in his industry. Future opportunities that were previously open to Adler in the sporting and business worlds are now closed to him because his previous employer, ESPN, has branded him a racist publicly. He states in his suit that he has suffers serious emotional distress and harm due to the false accusations and is adamant that he is not and has never been a racist. He is also adamant that the word “guerilla” is a word that is commonly used in the world of tennis to describe aggressive/combative play and that it is an acceptable description.

Adler’s recent heart attack came after the wrongful termination lawsuit was filed. It is not known how this will affect the lawsuit going forward. According to major news outlets, Adler is claiming intentional and negligent infliction of emotional distress and economic hardship. The suit names ESPN, ESPN Senior Vice President Mark Gross, and Vice President Jamie Reynolds and seeks unspecified damages. Some are now wondering if these “damages” will now include medical costs.

If you need to discuss wrongful termination with an experienced California employment law attorney, please contact us at Blumenthal, Nordrehaug & Bhowmik.

Wrongful Termination Suit Against Malibu Rehabilitation Center

More than $375,000 in attorneys’ fees was granted to an ex-human resources director for a Malibu-based rehabilitation center. She had already been awarded $1.8 million by the jury after allegations of being fired for reporting workplace violations.

Judge William Fahey, Los Angeles Superior Court judge, stated that Cynthia Begazo of Playa del Rey was entitled to $375,570 from Passages Malibu. His legal counsel sought close to $680,000, but Passages Malibu insisted this amount was excessive considering the case. Begazo filed the wrongful termination lawsuit in September of 2015. Allegations included workplace retaliation, age discrimination and disability discrimination. Arguments regarding attorneys’ fees were heard on May 8th and Fahey took the motion under submission prior to ruling on May 17th.

Other defendants named in the case in addition to Passages Malibu, included: Grasshopper House LLC, Passages Silverstrand in Port Hueneme, Passages Malibu co-founders (Chris Prentiss and his son, Pax Prentiss), and Begazo’s direct supervisor, Marina Mahoney.

According to the suit, Begazo, aged 55, advised her supervisors on the job that she had been diagnosed with leukemia upon her hiring in March 2015. That same month, she states she informed Pax Prentiss that there were some maintenance workers, servers and housekeepers who were not receiving appropriate overtime pay, meal and rest breaks in accordance with both state and federal law. According to Begazo, Prentiss replied by stating, “Don’t worry about it, you have bigger things to worry about.”

In direct contradiction to Begazo’s claims, Pax Prentiss testified that he fired Begazo because her performance was sub-par. He also stated that she did not follow orders on the job to meet with managers at other locations or put in the extra time necessary to get the department running or assist required recruiting efforts.

According to the suit, a patient at the Passages facility in Ventura was found dead in his room with a bag and trashcan over his head as well as scratches to his face. When this occurred in April 2015, Mahoney spoke to detectives about the patient’s death, but when Begazo insisted that the incident should be reported to appropriate civil authorities as well as the center’s insurance carrier, Mahoney advised her not to report any of it before leaving the room. The suit continues, stating that Begazo took a week off in early May 2015 due to an infection related to her previously discussed leukemia. She returned to work two months later, but was advised that same day that she was terminated.

If you have questions about what constitutes wrongful termination or if you have been wrongfully terminated, please get in touch with an experienced California employment law attorney at Blumenthal, Nordrehaug & Bhowmik.