Former Eagles Quarterback McNabb Suspended Due to Sexual Harassment Lawsuit

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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

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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

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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

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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.