Is the Supreme Court Divided on LGBT Job Discrimination Case?

The Supreme Court appears divided as they struggle over whether a landmark civil rights law protects LGBT workers from employment discrimination. The cases under consideration are the court’s first on LGBT rights since Justice Brett Kavanaugh took the place of the retired Justice Anthony Kennedy. The court’s four liberal justices are expected to side with the employees terminated due to their sexual orientation or transgender status. The question was whether or not one of the court’s conservatives would join the four liberals in siding with the employees in either of the two highly anticipated cases. 

Justice Neil Gorsuch noted that strong arguments favored LGBT workers. He also stated that there was a question of whether or not justices of the court should take the “massive social upheaval” that could follow such a ruling into account when coming to a decision.

Chief Justice John Roberts and Justice Brett Kavanaugh, two other conservatives, did not openly indicate their views on the matter, but Roberts did question how employers who hold religious objections to hiring LGBT individuals could be affected by the outcome of the cases.

In one of the cases, a skydiving instructor and a government employee (at the county level) were both fired because they were gay. 

In the second case, a transgender funeral home director named Aimee Stephens was fired. Stephens attended court the day of the arguments.

If the court were to rule that the Civil Rights Act of 1964 covers LGBT individuals, it could lead to some required changes to:

·      Locker rooms

·      Bathrooms

·      Women’s Shelters

·      School Sports Teams 

The argument led to a discussion that lawmakers should be in charge of changing the law, not unelected judges. Justice Samuel Alito, another conservative, apparently agreed with this sentiment stating that 1964’s Congress could not have imagined the law to apply to sexual orientation or gender identity cases when it was created. Justice Ruth Bader Ginsburg presented the counter-argument that the Congress of 1964 also did could not foresee sexual harassment as a form of sex discrimination.

A decision is expected in the early summer of 2020. 

If you need to discuss discrimination in the workplace or if you need to file a discrimination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Former Vungle CEO Files Wrongful Termination Lawsuit

In recent news, Zain Jaffer, former Vungle founder, filed a wrongful termination lawsuit. He alleges that the mobile ad company wrongfully terminated him from his position in the role of CEO. In the lawsuit, Jaffer claims that Vungle violated the California labor code, citing the prohibition of discrimination and retaliation by employers based on an arrest or detention without conviction.

Defining Wrongful Termination: In terms of the law, wrongful termination is defined as any situation 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 October 2017, Jaffer was arrested after an incident involving his son. He was charged with performing lewd acts on a child and assault with a deadly weapon. The charges were later dropped. The San Mateo District Attorney’s Office stated that it did not believe Mr. Jaffer engaged in any sexual misconduct on the night of the incident. They also concluded that the “injuries” were a result of Mr. Jaffer being unconscious due to prescription medication.

After the incident was resolved, Jaffer started to look for options to sell his Vungle shares or pursue a different leadership position at the company. In the lawsuit, Jaffer claims he was looking forward to proceeding with a friendly relationship with the company, but instead, Vungle attempted to destroy his career by blocking his efforts to sell his shares or transfer his shares to family members. He also claims that the company tried to prevent him from purchasing company shares. 

Jaffer does not specify the amount he is seeking in the suit, but his attorney has gone on record stating that he suffered at least $100 million worth of harm and that the amount awarded for damages would be entirely up to the jury. She did note that an employee in a similar case won close to $20 million.

If you need to file a wrongful termination lawsuit, don’t hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

$4.9 Million Settles Montebello Unified Wrongful Termination Lawsuit

Former superintendent, Susanna Contreras Smith, is to receive a $4.9 million settlement after the appeal of her wrongful termination lawsuit. She and her attorney were also awarded $6 million in damages and attorneys fees. 

Cleve Pell, former chief financial and operations officer, also sued the district. He received $2.6 million in damages and attorney fees but has not settled yet.

Robert Alaniz, the district spokesman, stated that Montebello Unified is glad to have the matter settled. With the issue resolved, the district can move forward, focusing on its mission to offer excellence in public schooling, create positive learning environments, programs, and services so students can excel. 70% of the cost will be covered by the district’s insurance company, with the remainder coming out of the general fund. 

When Does Termination Become Wrongful Termination? In legal terms, the phrase wrongful termination refers to a situation in which an employee’s contract of employment is terminated by their employer when that termination breaches one or more terms of the contract of employment in place, a statute provision, or any federal or state employment law.  

The Montebello Unified School District recently had financial difficulties that resulted in the hiring of a fiscal advisor, Mark Skvarna. Skvarna offered oversight for all the district’s financial decisions. In response to the settlement, Skvarna stated that there would only be a minimal impact on the Montebello Unified School District’s budget. He advised the district to close out any lawsuits they could. One-time settlements protect them from the difficulties of open liability.

If you have been wrongfully terminated from your job, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago. 

Wrongful Termination Lawsuit Finds Success After 2 Investigates Coverage

In recent news, a KTVU 2 Investigates report helped a woman’s wrongful termination lawsuit meet with success. The KTVU 2 Investigates report ended up being the spark necessary to lead the case to an award of hundreds of thousands of dollars. The woman in the case, Ivania Centeno, was allegedly wrongfully terminated over a family-leave discrepancy.

Centeno, a 13-year employee at South San Francisco’s Bon Appetit café, claimed she was let go in 2017 after she took time off to provide her dying mother-in-law with necessary care. Centeno fought for resolution in the case for over a year without much progress.

After the 2 Investigates coverage aired in February 2019 highlighting the situation and bringing to light the legal loophole in California preventing in-laws from qualifying employees for leave under family-leave laws, the case saw movement. According to California’s paid leave law, care of in-laws is covered, but under the California Family Rights Act, care of in-laws is not covered. The question becomes which law takes precedent and the answer is not quite clear. The problem will require legislative changes.

Centeno claims that Bon Appetit gave her permission to fly to Nicaragua to provide care when her mother-in-law became deathly ill. Her mother-in-law later passed away and Centeno headed back to return to the job at the restaurant. When she arrived, the restaurant fired her. They insisted both that she missed too many days of work and that her mother-in-law did not qualify under the family leave policy.

Company records show management blaming computer software at the company for the decision to terminate Centeno based on the trip to care for her mother-in-law combined with circumstances surrounding her recent and previous absences from work due to a work-related injury. The 2 Investigates team requested to interview the company to get some answers about the lawsuit, but they did not receive a response. In April, the case was finally resolved. Centeno was offered an undisclosed amount of backpay, unemployment benefits, and attorney fees plus court costs.

If you have been wrongfully terminated or denied family-leave time you are eligible for under employment law, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik and DeBlouw LLP today.

“2 Investigates” Features Wrongful Termination Lawsuit: Plaintiff Wins

In South San Francisco, California KTVU 2 Investigates completed a report on the situation of Ivania Centeno, a 13-year employee of Bon Appetit Café inside Genetech. Centeno alleges wrongful termination due to a family-leave discrepancy. The story helped spark an award for the plaintiff totaling hundreds of thousands of dollars.

Centeno claimed she was released from her position in 2017 because she took time off to care for her mother-in-law who was dying; doing so was allegedly against the company's policy. Centeno attempted to fight for justice in her case for a year before 2 Investigates completed a report and aired it in a February segment that highlighted the situation and the more significant issue at hand: a legal loophole in California that prevents employees from accessing protection provided under current family-leave laws when the case applies to in-laws.

According to California paid leave law the care of in-laws is covered, but under the California Family Rights Act, care of in-laws is not covered. As the two laws contradict each other, and it is not clear which law takes precedent, legislative changes are necessary for any long-term resolution.

In the current case of Centeno and Bon Appetit Café, Centeno claims her mother-in-law because seriously ill and Bon Appetit granted Centeno permission to fly to Nicaragua to provide the needed care. Centeno traveled to Nicaragua and provided her mother-in-law with the necessary care until she passed. After her mother-in-law died, Centeno returned to the states to go back to her job. When she arrived, Bon Appetit fired her, insisting that she missed too many days of work and that caring for her mother-in-law was not a protected activity under the family leave policy.  

Management at the company claims that computer software made the decision to terminate Centeno. The trip to care for her mother-in-law, as well as previous absences due to a work-related injury, were input into the software, which then generated the conclusion to terminate Centeno's employment.  

In April 2019, the case was resolved with Centeno receiving an undisclosed amount of back pay, unemployment benefits, and an award of $211,795 in attorney fees and an additional $25,603 in court costs.

If you have questions about wrongful termination or what constitutes wrongful termination, the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Get in touch with the Blumenthal Nordrehaug Bhowmik De Blouw LLP location nearest you: San Diego, San Francisco, Sacramento, Santa Clara, Los Angeles, Riverside, Orange or Chicago.

Former MedMen CFO Files Wrongful Termination Lawsuit

In the last month, three senior executives have left Culver City-based MedMen Enterprises Inc. Since January, the retail cannabis company has experienced the departure of close to 100 employees. Most recently, as announced in an April 19th, 2019 press release, MedMen General Counsel LD Sergi Trager and Chief Operating Officer Ben Cook resigned. MedMen Senior Vice President in charge of corporate communications, Daniel Yi, also left the company.

The departures of execs and employees followed a wrongful termination suit filed against the company in January by the former MedMen Chief Financial Officer James Parker. Parker claimed that he was stripped of his powers and left unable to fulfill his job duties in the workplace. Parker's wrongful termination lawsuit is currently pending in Los Angeles County Superior Court.

What is Wrongful Termination? Sometimes referred to wrongful dismissal or wrongful discharge, wrongful termination occurs when an employer terminates an employee's contract of employment in a way that breaches one or more terms of the contract of employment or a statute or provision or rule in employment law.

Bierman responded in February through a company blog post insisting that the claims made by Parker were malicious and an attention-getter and concluding that the lawsuit was without merit. He emphasizes the accusations made in the wrongful termination lawsuit filed by Parker went directly against the company's core values and that the workforce is one of the most diverse in any industry. MedMen has operations in numerous states, including California, Nevada, New York, Arizona, and Illinois. Third-quarter revenues projections were at $36.6 million for the period that ended March 30th. Final results are expected to be published by the company May 29th.

If you have questions about wrongful termination or if you have been a victim of wrongful termination, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP as soon as possible.

Olive Grove Charter School Facing Wrongful Termination Lawsuit

A former Olive Grove Charter School employee, Dawn Wilson, filed a wrongful termination lawsuit alleging the school’s leader was misappropriating public funds, engaging in a romantic relationship with a contractor at the school, improperly hiring one of her daughters and fraudulently adjusting the grades of another daughter. The lawsuit was filed in Santa Barbara County Superior Court.

Dawn Wilson was allegedly hired in 2016 as a part time human resources/administrative assistant. She was later promoted on two different occasions and appointed as board treasurer. Just a year ago, Wilson was promoted again to work as controller and chief operating officer with earnings set at around $103,000 until she was terminated from her position on July 31, 2018. Wilson’s termination allegedly came after she raised a number of concerns.

As an alternative public school, Olive Grove Charter School offers homeschooling or a hybrid home/classroom schooling program for both elementary and high school age students. The school has a number of locations: Santa Barbara, Buellton, Lompoc, Orcutt/Santa Maria, San Luis Obispo and New Cuyama. The lawsuit alleges California labor code violations, wrongful termination an intentional infliction of emotional distress.

According to Wilson, she complained about the school’s unethical and unlawful behavior to the Olive Grove board of directors. She made allegations of conflicts of interest, misuse of public funds and falsifying grades for students. She alleged that Mudge had an affair with the senior vice president of Charter School Management Corporation, Nick Driver, who also happens to hold the largest contract with the charter school. Wilson pointed out that Mudge failed to disclose her relationship with Mr. Driver to the board which is a violation of the OGCS Conflict of Interest Code (pursuant to California Government Code section 87300). As such, Wilson believed that Mudge’s behavior qualified as unlawful activity.

In addition, Wilson brought to the board’s attention that Mudge hired her daughter, Anna Mudge, to teach, but that the open position was not properly advertised and Mudge’s daughter, Anna, did not have the appropriate credentials to fill the position. California Commission on Teacher Credentialing records indicate that Anna Mudge received an emergency substitute teaching credential in November of 2017 and a single subject teaching credential valid until Jan. 1, 2020. A certificate of clearance will expire Oct. 1, 2022. According to the lawsuit, Anna Mudge was hired as a teacher’s assistant for $48,000 per year which equates to an hourly rate of nearly $38 per hour. This is significantly higher than the hourly rate paid to other teacher’s assistants at the school who received $15 per hour.

Wilson also cited violations of California Penal Code section 424 claiming that her daughter’s inflated salary was a misuse of public funds. In fact, according to the lawsuit, the plaintiff complained about Mudge’s misuse of public funds in this way to Mr. Anaya, school board president, on a number of occasions. The plaintiff also complained about spending to Mudge, questioning the purchase of a $10,000 salt water fish tank for a marine biology class the school did not yet offer, a five-star hotel stay in New Orleans during a conference when closer hotels were available at more reasonable rates, and other questionable expenditures. The expenses Wilson questioned were incurred prior to the board authorization. In April 2018, Wilson complained to the president of the board again that the executive director at the school spent close to $44,000 on computers without first obtaining approval from the board even though the budget set for the purchase was $10,000. Wilson also complained that Mudge misused public funds by booking a hotel room in Santa Barbara, which is against policy due to its proximity to the district office and claimed that she did so in order to engage in a romantic rendezvous with Mr. Driver.

In July, the school board president requested Wilson investigate an “unlawful grade change” that was reported by what he referred to as a “disgruntled employee” who claimed that Mudge unilaterally changed the senior year grades of her daughter, Juliette Mudge. Her poor grades were changed to A’s and B’s, a mathematical impossibility considering the previous state of her academic standing. The situation made it clear that the master teacher did not make the grade change. In investigating the issue, Wilson contacted the school registrar to obtain information. Ten days later, Mudge placed Wilson on administrative leave and terminated her employment at the school. Mudge cited violations of school policy and unsatisfactory job performance as the reasons for termination.

The wrongful termination lawsuit seeks lost earnings, compensatory, general and special damages, punitive damages and costs associated with the legal action. According to court records, this is not the first lawsuit to be filed against the school by a former employee. In fact, former employees filed suit against the school in both 2016 and 2017, but both cases were settled before trial commenced.

If you need help filing a wrongful termination lawsuit or if you need to discuss what constitutes a wrongful termination according to the law, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.