All the Covid-19 Wrongful Termination Claims Peak

Did you know that the number of wrongful termination claims is climbing? Right when they are needed most, essential employees are being fired for reasons that violate labor codes, and health and safety requirements. 

Common Reasons for Rise in Covid-19 Wrongful Termination Claims: 

1. Nurses and hospital staff are being terminated from hospitals overrun with Covid-19 patients for allegedly talking about PPE (personal protective equipment) shortages.

2. Grocery store workers are fired after reprimands for wearing gloves while working. 

3. Workers at nursing homes and other long-term care facilities (where coronavirus outbreaks have accounted for close to 50% of Covid-19 deaths in some states) report being fired after they point out facility practices that violate health and safety mandates from both federal and state agencies. 

When Your Employer Fires You for Demanding Safety in the Workplace: 

It’s not fair (or legal) for an employer to fire a worker for demanding the right to protect themselves while they work. If a California employee is fired in connection to workplace safety complaints or concerns in connection to the Covid-19 pandemic, they could have grounds for a wrongful termination lawsuit or a California whistleblower lawsuit. According to OHSA, employees are guaranteed the right to a safe workplace by federal law - a workplace free of “known health and safety hazards.”

What Constitutes a “Safety Hazard” During an Infectious Disease Outbreak: 

The definition of what constitutes a “safety hazard” has seen significant changes amidst the recent infectious disease outbreak. During a time when the CDC and other state and federal health agencies are recommending that everyone wear a mask in public settings to keep their nose and mouth covered, and that healthcare workers wear facemasks, respirators, and gloves to decrease their risk of infection, an employer who requires employees work without proper recommended PPE could be creating an “unsafe work environment.” OSHA also guarantees employees and workers have the right to speak up about workplace health and safety concerns without fear of workplace retaliation. OSHA regulations prohibit employers from retaliating against employees that complain about unsafe work conditions. Forms of retaliation include termination, demotion, transfers, etc.

If you need to discuss workplace retaliation or if you need to file a California wrongful termination 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. 

California EMTs File Wrongful Termination Lawsuit After Protesting Lack of Proper PPE Led to Termination

Two former California Lifeline Ambulance EMTS claim they were fired when they objected to transporting a Covid-19 patient without proper PPE. 

Former Lifetime Ambulance EMTs Claim Retaliation and Wrongful Termination: 

Former Lifeline Ambulance EMTs Kaitlin Wilson and Rayan Melendez filed lawsuits claiming wrongful termination and retaliation. The two EMTS, assigned as partners at work, protested not having properly-fitted N95 masks for use while transporting patients with Covid-19. The plaintiffs claim that they were fired in response to their complaints. 

EMTs’ Retaliation and Wrongful Termination Lawsuit Stemmed from Workplace Safety: 

The N95 respirator is a protective device designed for a very close facial fit and very efficiently filtrates airborne particles. The edges of this type of respirator are designed to form a seal around the nose and mouth. According to OSHA training materials, an N95 respirator, a tight-fitting respirator, cannot protect you if it does not fit your face. The mask must form a tight seal with the face and neck to function properly. If the N95 respirator does not fit the face properly, contaminated air can leak into the respirator facepiece allowing hazardous substances into the airway. To allow for proper function, employers must be sure that N95 respirators fit their employees when the PPE is necessary. Employers ascertain a correct fit by performing a fit test while the employee is wearing the same make, model, and size of respirator that will be in use on the job. Checking that the N95 respirator is properly fitted ensures it will provide the protection it is designed for as long as it is used correctly. 

Retaliation and Wrongful Termination Suit Claims EMTs Told Officials PPE Not Properly Fitted

According to the retaliation and wrongful termination lawsuit, the plaintiffs in the case advised Lifeline Ambulance officials that N95 masks were not properly fitted in May 2020, and that without a proper fit, they were not considered protective by the CDC. The plaintiff in the case claims that the CFO’s response was to ask what was “really wrong” with her and claiming that she was “obviously emotional about something.” According to the lawsuit, both EMTs, Wilson and Melendez, were fired later that same month. Lifeline Ambulance listed “harassment” as the reason for their dismissals. 

If you need to discuss employment law violations or have questions about how to file a California retaliation or wrongful termination lawsuit, don't hesitate to contact 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.

UC San Diego Discrimination and Wrongful Termination Lawsuit Reaches a Settlement

A former UC San Diego Vice Chancellor filed a discrimination lawsuit in 2019. UC San Diego recently resolved the lawsuit by agreeing to a settlement. 

Former High-Ranking UC San Diego Employee Reaches a Settlement: 

Jean Ford was the Assoc. Vice Chancellor for UC San Diego Health Sciences Advancement. Ford filed a discrimination lawsuit in 2019 suing the UC Regents and Chancellor Pradeep Khosla. Ford alleges age discrimination, gender discrimination, and wrongful termination. 

The Plaintiff’s History on the Job: 

Before working for UC San Diego, Ford was with Columbia University Medical Center for a decade. She moved to San Diego to take her place at UC San Diego in 2015. In the lawsuit, Ford alleges that she experienced both discrimination and harassment from Chancellor Kholsa because she was female and over 40. When Ford complained about illegal conduct, she claimed she was retaliated against. In her complaint, Ford claimed that Kholsa promoted a younger, less experienced man as Ford’s new supervisor. In the course of her career, Ford has been a successful fundraiser for 25 years. UCSD recruited her and after recruiting her, they had their most successful year of fundraising - hitting almost $150 million under Ms. Ford’s guidance of fundraising efforts. 

The UC San Diego Discrimination and Wrongful Termination Lawsuit Settlement: 

The UC Regents approved the settlement agreement recently, but the terms of the settlement agreement were not made public. The plaintiff’s counsel indicated that all parties involved have amicably resolved the claims contained in the suit, and that none of the parties involved admits any wrongdoing. Unprecedented operational challenges due to the global Covid-19 pandemic and mandated court closures causing litigation delays were cited as reasons for the expedited resolution. 

If you need to discuss workplace discrimination or if you need to file a wrongful termination 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 ”Jeopardy” TV Game Show Employee Claims Sony Alleges Wrongful Termination & Age Discrimination

Glenn Kagan, 66, claims that Sony fired him from his job as a contestant-wrangler for the long-running TV game show “Jeopardy!” Kagan says he was replaced by a younger employee when the show started filing again during the Covid-19 pandemic. 

Plaintiff Sues Sony for Age Discrimination and Wrongful Termination: 

The veteran contestant-wrangler filed suit in California state court alleging that he worked at “Jeopardy!” for more than half his life, but when the show came back to file amidst the Covid-19 pandemic, Sony suddenly terminated his employment and gave his job to a younger replacement. Kagan brought the age discrimination and wrongful termination lawsuit under the California Fair Employment and Housing Act citing Sony and Quadra Productions as Defendants. The Defendants in the case face wrongful termination and overtime pay violation allegations. 

Plaintiff Fired and Replaced by Younger Employee Amid Covid-19 Pandemic: 

In the lawsuit, Kagan claims that the company replaced him with a much younger contestant coordinator after falsely accusing him of improper mask-wearing at work. The plaintiff was allegedly fired in August 2020 despite 34 years of employment. In the lawsuit documentation, Kagan claims he had no write-ups or reprimands on the job, no prior warnings, but was fired for not wearing a mask even though he was not provided with any protocols or instructions for wearing a mask. Kagan also claims the company did not provide any personal protective equipment. Kagan claims the real reason Sony fired him was to replace him with a younger employee. 

Plaintiff’s Job History on the “Jeopardy!” TV Game Show: 

The plaintiff was employed as the “Jeopardy!” TV game show’s senior contestant coordinator. As Senior Contestant Coordinator, Kagan was responsible for taking the trivia game show’s contestants to the green room, helping as a “stand in” for Alex Trebek during rehearsals, communicating with contestants, and assisting contestants with their necessary paperwork. A contestant coordinator in his 20’s was promoted in 2016, and according to Kagan, the younger employee gradually took over Kagan’s duties (i.e. stand-in work, etc.), yet according to Kagan, the show had not raised any issues related to Kagan’s work performance. 

Returning to Work After Telecommuting During the Covid-19 Pandemic: 

In July 2020, when Kagan returned to set for the show’s 37th season after several months of working remotely during the Covid-19 pandemic, he was assured along with other returning employees that “Covid Captains” would be providing personal protective equipment and instruction upon their return to work. Kagan alleges there was no guidance, no rules and no masks provided. Kagan claims he brought his own mask from home. Kagan states that his mask inadvertently slipped at one point during the day while he was speaking with a contestant, and that he pulled his mask down to speak to a security guard who was not able to understand him on another occasion. These are the only two occurrences Kagan can think of that producers and human resources could be referring to when they conducted a video meeting with him the next day and reprimanded him for “failing to wear a mask.” Kagan claims he responded that the company did not provide PPE or guidance/policy regarding mask wearing. In response to the discussion, he was suspended. While Kagan was suspended, the younger coordinator took over his job. Kagan was fired a few weeks later. 

Plaintiff Cites Multiple Employment Law Allegations: 

In addition to claiming wrongful termination based on age discrimination, Kagan claims he frequently worked over 40 hours in one week, but did not receive overtime pay, and also claims he did not receive accurate wage statements.

If you need to discuss how to file a California overtime lawsuit or if you have questions about identifying California Labor Law violations, 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.

Instagram Influencer, Bilzerian, Faces Wrongful Termination Lawsuit After Firing Former President

Curtis Heffernan, former President of Ignite, claims Dan Bilzerian’s reputation as a gun-loving playboy enjoying a lavish lifestyle filled with luxury and travel and supermodels, is actually “rented” with the company picking up the tab.

Instagram Influencer Fires President for Questioning his Addiction to Using Company Money:

In the lawsuit, Heffernan claims that Bilzerian’s exorbitant expenditures were regularly billed to the company, Ignite. Bilzerian founded Ignite and serves as CEO and majority shareholder. Curtis Heffernan looked into the Instagram Influencer’s finances and identified tricks Bilzerian used to hide his personal spending using business funds. 

Bilzerian Allegedly Billed Lavish Personal Expenses to the Company 

According to Heffernan’s wrongful termination lawsuit, many personal expenses were billed through the company, like Bilzerian’s $2.4 million annual rent for his home in the LA hills. Heffernan suggests that the addiction Bilzerian indulges for using company money for his lavish, personal lifestyle is to blame for the company’s $50 million loss in 2019. 

Other Employees Support the Claims Made by Former Ignite President:

While Bilzerian responded to the allegations by denying them outright in a statement to TMZ, other former Ignite employees have confirmed allegations. One former employee confirmed that Ignite pays for “everything…models, events, yachts…[as long as it was] wrapped in the Ignite logo…it was an Ignite expense, and he would send them the bill.” 

When Did the Investigation of Misuse of Company Funds Start?

In May 2020, Ignite accountants preparing the company’s annual report raised some red flags about inappropriate spending. Some examples of “personal spending” identified using company funds included:

• $200,000 per month rent for LA hills home (periodically used for marketing events)

• 2-night trip to London (in the six figures)

• $75,000 paintball field

• $65,000 “Four Elements Guns & Star Wars Set”

• $50,000 bed frame

The accountants identified a total of $843,014.06 in company expenses that were actually “personal” expenses billed through the company.

Wrongful Termination Lawsuit Seeks Damages:  

Heffernan filed suit alleging wrongful termination, defamation, and violation of whistleblower protection laws. The California wrongful termination lawsuit seeks damages.

If you need to discuss employment law violations in the workplace or file a wrongful termination 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 Pinterest COO Files Gender Discrimination and Wrongful Termination Lawsuit

Francoise Brougher was Pinterest’s former COO, one of the highest-ranking executives in the company. Brougher recently filed suit claiming the company violated California labor law. 

Did Pinterest Violate California Labor Law?

When Pinterest’s former COO spoke up about gender discrimination at the company, she claims she faced workplace retaliation followed by wrongful termination.

Brougher’s History at the Company:

Brougher started work as Pinterest’s Chief Operating Officer in March 2018. After serving in a number of business leadership roles at respected companies like Google, Square, and Charles Schwab, she joined the company. When Brougher took the job as Pinterest COO, she was the highest-ranking female employee at the company. After some time at the company, she couldn’t ignore that she repeatedly encountered what she describes as “archetypal” gender discrimination by male co-workers.

Archetypal Gender Discrimination at Pinterest:

In one example of archetypal gender discrimination described in Brougher’s lawsuit, her boss advised her to “be mindful” of how she behaved in a group setting - specifically discouraging Brougher from “communicating directly.” Pinterest is a social media platform whose user base is predominantly female – 70% of Pinterest users are women, but three men run the company. Even as the highest-ranking woman in the company, Brougher was allegedly expected to comply and conform to typical gender stereotypes. After refusing to comply with discriminatory stereotypical expectations, Brougher was marginalized and excluded from important meetings and essential company decisions. When she eventually complained of degrading, sexist treatment, she was terminated. Brougher was advised that she was fired during an April 2020 video call. 

Responding to Complaints of Harassment in the Workplace:

Employment law protects California workers from discriminatory treatment and harassment in the workplace. However, when Brougher complained about the sexist, demeaning treatment, the company allegedly did not take the complaint seriously. She claims that instead of investigating the complaint properly and addressing gender discrimination and hostile workplace concerns, Pinterest fired Brougher to protect the male co-workers who were engaging in hostile behavior. Additionally, Brougher claims Pinterest attempted to cover up the complaints by claiming her firing was a voluntary departure. Brougher also claims she was paid less than her male counterparts, who also enjoyed more favorable vesting schedules.

If you need to discuss workplace retaliation or if you need to file a California wrongful termination 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. 

The Simpsons’ Composer’s Discrimination Lawsuit Moves Forward

The Simpsons is preparing to reach new audiences on Disney+, but that’s not the only news the long-running Fox show is generating. Legal tensions between the show’s producers and the show’s longtime composer, Alf Clausen, are also drawing attention. 

Simpsons Composer Files Discrimination Lawsuit Against Popular Fox Show:

LA County Judge Michael L. Stern issued an order allowing The Simpsons composer to move forward with his discrimination lawsuit against the show’s producers. 

Hollywood Music Giant Files Discrimination Suit Against The Simpsons Producers:

Alf Clausen, the 79-year-old Hollywood music giant, handled the music for the popular Fox show from 1990 until he was fired in 2017. Clausen won two Emmys and is the most nominated composer in Emmy history with a record 23 Emmy nominations during his career. Before his work on The Simpsons, Clausen composed for a number of different tv shows: The Donny & Marie Show, The Mary Tyler Moore Hour, Little House on the Prairie, Fame, and Moonlighting. He also worked on a number of successful feature films like Weird Science, Ferris Bueller’s Day Off, The Naked Gun, and Mr. Mom. 

Identifying the Cause of Termination: Why Was Clausen Fired? 

The litigation regarding Clausen’s termination is based on why he was fired. Clausen claims wrongful termination based on age discrimination and disability discrimination (he’s diagnosed with Parkinson’s disease) in his lawsuit. Clausen also claims he is the victim of intentional infliction of emotional distress. In contrast, The Simpsons producers claim that their decision to fire Clausen was not related to his age or disability. They claim they fired Clausen because of deficiencies as a composer. The defendants insist that Clausen was delegating composition to his team inappropriately. They also claim he wasn’t able to capture their vision for certain types of music. 

Moving to Strike the Complaint at an Early Phase of Litigation:  

The defendants, Fox, Disney+, etc. argued that the lawsuit was Clausen’s frivolous attempt to infringe on their right to free speech. As such, they argued that they had a statutory right under California’s Anti-SLAPP statute to move to strike at an early phase of litigation. Judge Stern considered the defendant’s argument and found that the plaintiff, Clausen, met his burden of proof for disability discrimination and wrongful termination claims, but not for age discrimination or intentional infliction of emotional distress claims. In doing so, Judge Stern allowed Clausen’s case to move forward to the discovery process. 

If you need to talk about employment law violations, or if you need to file a California wrongful termination lawsuit, we can help. Get in contact 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.