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.

Barnes & Noble Facing Wrongful Termination Lawsuit

In an April 14th opinion, a California appeals court offered a summary judgment in a Barnes & Noble wrongful termination lawsuit. The summary judgment may have branded the popular retail bookstore as having wrongfully firing an employee who had been with them for 23 years.

The opinion was handed down by the California Sixth Appellate District Chief Justice Conrad L. Rushing and associate justices, determining that the issues raised by Christine Oakes were valid issues to try in court in regards to wrongful termination claims based on gender discrimination, public policy and contractual obligations.

Oakes worked as a manager for Barnes & Noble’s West Valley-Mission Community College in Saratoga for eight years (2002-2010). At the end of this time period, she was fired. Unhappy with the termination of her employment, Oakes filed a complaint in 2012 listing various defendants: Barnes & Noble, West Valley College, Laurie Gaskin, and Rhea Kaston.

In 1999, according to the opinion, Barnes & Noble received acknowledgement that Oakes received and signed off on their company code of conduct and ethics. As Oakes signed off on the policy, the company notes that she was aware that she was free to leave Barnes & Noble at any time during her employment and that she was an “at will” employee. Oakes agreed that she understood the “at-will” employee status and agreed to no promise of tenure or any form of employment contract at that time. According to the opinion, Oakes stated that her understanding of her status as an “at-will” employee was that she had to “do something” to the company in order for them to dismiss her from employment.

Oakes claims in the lawsuit that as a manager, she was advised to use progressive discipline prior to firing anyone on staff. She was not instructed to use every disciplinary step in every case of potential termination. During her 23 years with Barnes & Noble, Oakes received annual performance reviews. From 2001 through 2008 these reviews indicated that she lacked communication skills and organizational skills necessary for her job. Yet her overall scores in her reviews met or exceeded company standards. While individual categories in her reviews usually met or exceeded company standards, she had a below standard score in fiscal matters. This is particularly true of 2009 when she reportedly ended with $66,000 of excess inventory at her bookstore. Amid student complaints, reported absence from meetings, etc. Oakes began to defend her behavior with claims of discrimination against her by Michael Renzi, a frequent contact as the college vice president’s primary liaison. In 2010, Renzi and the College President contacted Oakes’ supervisor with the decision that Oakes was not a good fit for the university.

With no alternative position with Barnes & Noble, Oakes was fired in 2010 without notice. In 2013, Barnes & Noble moved for summary judgment claiming that Oakes was an at-will employee terminated for legitimate reasons. Oakes argued gender discrimination as the company failed to protect her from alleged sexual harassment by Renzi. The court ruled that Oakes’ deposition testimony would be considered at trial as it favored neither her nor the defendants. A date for the trial has not been set.

If you have concerns regarding a potential wrongful termination, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

California Supreme Court Limits Rights to Jury Trial for Whistleblower Claims in Health Care

California Health and Safety Code section 1278.5(g) protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and conditions. Recently, the California Supreme Court held that it does not go so far as to provide a right to a jury trial. Claims brought under Section 1278.5(g) do not entitle the parties to a jury trial, but this does not prevent a jury trial on a related claim for wrongful termination that is in violation of public policy.

Consider Shaw v. Superior Court (THC-Orange County, Inc.), Case No. S221530:

In considering Shaw v. Superior Court on April 10, 2017, The California Supreme Court decided that an employee seeking damages for alleged whistleblower retaliation under the law noted above did not have the right to a jury trial. In the case, a Human Resources Coordinator filed a lawsuit against their former employer, a hospital, alleging that she was wrongfully terminated. She claimed that she was fired in retaliation for complaining that the hospital employed unlicensed and/or uncertified health care professionals who did not appropriately complete competencies as required.

She asserted a second cause of action for wrongful termination in violation of public policy seeking an array of damages: compensatory and emotional distress damages, front pay, back pay, lost benefits, lost bonuses, punitive and exemplary damages, prejudgment interest, attorneys’ fees, costs and civil penalties, etc. While the lower courts denied requests for a jury trial, the Court of Appeal reversed, determining that the employee could file a petition for an extraordinary writ seeking appellate review of the trial court’s order without waiting until after the trial on appeal to contest the denial. 

They also ruled that Section 1278.5(g) does not afford a right to a jury trial. As the issue is not expressly addressed in the statute, the Court considered statutory language alongside legislative history reasoning that the court and not a jury must rule on this claim due to the statute expressly providing specific remedies. These specified remedies include: reinstatement, reimbursement of lost wages and benefits and legal costs. These are equitable remedies traditionally decided by a court and others deemed “warranted” by a court. Additionally, legislative history of the statute, specifically amendments made in 2007 allowing courts to fashion other remedies as needed to cover the full spectrum of harm endured by non-employee claimants, indicated the need for a court’s decision.

Despite not being entitled to a jury trial on the Section 1278.5(g) claim, the employee could still seek a jury trial under the Tameny claim based on public policies. The trial court would need to hear both claims side by side and allow the jury to decide the Tameny claim and then the court would determine remaining issues.

While this decision means that employees can get around the absence of a jury trial under Section 1278.5(g) simply through a second Tameny claim based on the same public policies, some remedies would be unavailable. When using a Tameny claim, attorneys’ fees and civil penalties are not available. And in some instances, this type of claim may not be applicable depending upon the plaintiff/defendant relationship.

If you have questions or concerns regarding a potential workplace retaliation situation and you need the assistance of an experienced California employment law attorney, please get in touch with us at Blumenthal, Nordrehaug & Bhowmik.

Garbage Man’s Wrongful Termination Lawsuit Recycled by 9th Circuit

A former Manhattan Beach sanitation worker seeking legal recourse for age discrimination and wrongful termination will get his day in court after a federal appeals panel ruled that he could proceed. Gilberto Santillan filed the age discrimination lawsuit against a waste disposal company, USA Waste of California, subsidiary of Waste Management Inc., the franchise waste hauler for all residents and businesses in the city.

The Ninth Circuit Court of Appeals voted unanimously to allow Santillan to proceed with the two wrongful termination claims. Santillan alleges that he was discriminated against due to his age and then retaliated against for seeking legal counsel. District Court ruled in favor of the waste company, ruling Santillan’s claims could not proceed. The new ruling undermines the district court’s ruling and allows Santillan to proceed – potentially in front of a jury.

Santillan wasn’t just any “garbage man” He was what many might describe as a landmark of Manhattan Beach. He worked the route in the city for 32 years and many of the local residents have actively reached out to support his claims. Santillan’s legal representation pointed towards this strong local backing as being reflected in the Ninth Circuit’s opinion. The court opinion actually referenced various letters of support from local residents indicating that they were taken very seriously.

Santillan started working for USA Waste in 1979, and handled the Manhattan Beach route for his entire time with the company. In March 2011, the city was considering whether they should renew their agreement with Waste Management or contract another hauler. Santillan’s personal service and record with the company and the city became a key theme in the campaign in support of retaining Waste Management’s services.

For 30 years with the company, Santillan was rarely disciplined, but in 2009 a new route manager for Manhattan Beach took over and Santillan ran into problems. Fro 2009 to 2011, the new manager attempted to discipline Santillan six times. Santillan was fired in December 2011. The company claims they fired Santillan because he was involved in multiple accidents in 2011, three of which were self-reported. The resident living at the damaged property at the time of the firing stated in an interview that the firing was an over-reaction. She continued by praising Santillan’s driving skills, as the street was narrow and touch to navigate.

The Ninth Circuit overruled the trial judge’s holding that Santillan’s case lacked the qualifications needed for an age discrimination claim, noting that Santillan, who speaks very little English, was one of two or more older, Spanish-speaking employees that were terminated when the new supervisor took over the Manhattan Beach route. Santillan’s replacement was estimated to be 13 years younger with 20 less years of experience on the job.

Extensive discovery will be needed prior to the start of trial.

If you feel you have been wrongfully terminated, please get in touch with one of the experienced California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.