Cooper Wrongful Termination Lawsuit: Set for September Trial

June 8, 2015 - Former Lafayette Parish School Superintendent Pat Cooper is scheduled to go to trial the week of September 21^st. Cooper was fired from his job by the Lafayette Parish School Board in November. About two weeks after the board made the decision to fire him, Cooper filed a wrongful termination lawsuit.

In his lawsuit, Pat Cooper claims wrongful termination on the basis that he was fired without cause. He claims he was ousted from his position for political reasons as well as plan old vindictiveness. The board already spent over $120,000 in legal fees prior to firing Cooper in November.

Wrongful Termination has become a very widely used term. Generally speaking, it can mean many things, but legally speaking, it refers to a very specific situation in which very specific consequences may follow for employers involved. Many individuals are terminated from work positions. A lot of these workers who have lost their jobs may feel that their job loss was “wrongful.” But the legal definition of wrongful termination is more limited that the general meaning the combined words may indicate upon first hearing the phrase. Legally speaking, wrongful termination refers to circumstances in which an employee is fired from their position for an illegal reason. This could include being fired for discriminatory reasons (race, religion, age, gender, etc.), being fired in violation of employment contracts in place, workplace retaliation, etc.

If you need additional information regarding what constitutes wrongful termination so you can determine if you were wrongfully terminated from your job, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Discrimination Allegations: Pregnant Women Sue Raley’s

May 7, 2015 - Luciana Borrego, new mother to a baby boy born on Nov. 13, 2013, claims that she lost her job in Ukiah at Raley’s due to her pregnancy.

Raley’s is a part of a West Sacramento-based retail grocery store chain. In June of 2013, Borrego recalls advising her managers of her pregnancy (five months before her baby was born). On July 11, approx. one month later, she came to work with a doctor’s note advising her supervisors that she should not be lifting anything over ten pounds. Within an hour, Borrego claims she was called to the director’s office at the store and advised that she needed to take unpaid leave.

She was advised that she needed to go home, as the company didn’t accommodate pregnant workers even with the doctor’s note. Ms. Borrego claims she was devastated by the treatment she received. She never went back.

Ms. Borrego is one of two plaintiffs in a lawsuit filed in Sacramento Superior Court against Raley’s. The suit contains allegations that the policy mentioned by Borrego’s director that Raley’s didn’t accommodate pregnant workers is unlawful. The company policy makes reasonable accommodations for workers injured on the job, but fails to provide any type of accommodation for pregnant workers.

Raley’s spokesperson responded denying the accusations and objecting the suggestion that they don’t care about all their team members, and in particular, their pregnant team members. They continued by indicating that Raley’s has been known to go above and beyond legal minimum requirements in this area. They are known as a strong, family owned business and, as such, it’s important to them that people see them as appreciative of the role women play in their workplace. They will defend themselves against the charges being brought by the plaintiffs.

Raley’s (also operating under the names Bel Air Markets, Nob Hill Foods and Food Source) operate more than 120 supermarkets in Northern California and Nevada.

The plaintiffs are seeking class action status for current/former Raley’s California employees who were denied acceptable accommodations for pregnancy related needs over the past four years.

If you are interested in discussing California laws protecting pregnant women in the workplace, please contact your southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Allegations of Retaliation from Former Korn/Ferry Executive

May 4, 2015 - Korn/Ferry International is the world’s largest executive search firm. This makes it big news that the firm is currently in the midst of an intense legal dispute over the termination of one of their top executives, Robert A. Damon.

Robert A. Damon is a former executive chairman of the Americas. In a recent lawsuit he alleges that he was fired in retaliation for his complaints about Chief Executive Gary Burnison’s treatment of a number of female employees. Mr. Damon made his complaints regarding the inappropriate treatment of his colleagues to board members. As a result of his firing, Damon alleges that he lost over $1.7 million in deferred compensation because he was fired for cause. Korn/Ferry denies the allegations.

Korn/Ferry claims that Mr. Damon’s complaints are simply an attempt to downplay/deflect the actual reason behind his termination. The company states that Mr. Damon was “terminated with cause” due to inappropriate personal behavior, flagrant violations of company policy, and material breaches of his employment contract.

Having the dispute go public holds potential embarrassment for the high-profile search firm as they market themselves as a provider of “talent management solutions.” The suit was filed by one of Korn/Ferry’s very own “talents.” Mr. Damon, age 67, was recruited by Korn/Ferry back in 2004 as president of North America, the company’s most substantial unit. He was later promoted to oversee the company’s Americas region.

Korn/Ferry’s 444 recruiters have helped to place leading executives at major corporations such as: Office Depot, Inc., Target Corp., Major League Baseball, etc. Korn/Ferry has held the top spot in the global and US search industry for over 10 years. Korn/Ferry’s own Mr. Burnison. Who has led the company since 2007, has written three different leadership books during his time as CEO. Mr. Burnison, Korn/Ferry CEO, is named specifically as a defendant in the lawsuit alongside Korn/Ferry with allegations that he engaged in a pattern of abuse and discrimination negatively affecting female employees. Allegations state this the discrimination and abuse towards female employees began in 2010.

Experts indicate that Damon’s suit against Korn/Ferry is exciting because it’s not very often that male employees sue employers for retaliation as a result of speaking out about alleged discrimination and abuse of women in the workplace. 

For answers to your questions about discrimination against women in the workplace, contact Blumenthal, Nordrehaug & Bhowmik, your southern California employment law attorneys.

Gender Bias Case: Silicon Valley Jury Clears Kleiner Firm

May 1, 2015 - A venture capital firm known as Kleiner, Perkins, Caufield and Byers (or Kleiner) was cleared of gender discrimination claims by a California jury. A former female partner at Kleiner lodged the discrimination claims. The jury trial took place in Silicon Valley.

In addition to the discrimination claims, the firm was also cleared of allegations of retaliation against Ellen Pao, a former partner at Kleiner. Ms. Pao filed suit against the firm in 2012. She was then fired from her employment. A number of admittedly embarrassing disclosures were made during the course of the jury trial regarding the treatment female employees at Kleiner. Regardless of this information, Pao was unable to receive vindication through a winning verdict. What her efforts did achieve was a newfound awareness of the Silicon Valley corporate culture, leaving many calling into question the very evident lack of diversity.

The suit included allegations that former male partners used business trips as a chance to make inappropriate advances towards their female colleagues (including, but not limited to Pao).

Pao, no longer a partner at the firm, is now the interim chief executive at Reddit, a social-news service. Ms. Pao claims that while she did engage in an affair with Ajit Nazre, a partner at Kleiner, it was brief. She also claims that when she ended the brief affair, she quickly began to lose her footing at work. What she claims was already a workplace unfriendly to female employees, became even worse. She claims that Nazre and Kleiner as a whole started to actively retaliate against her after she ended her affair with Nazre.

The company denies the allegations. They insist they did not support a workplace climate that was unfriendly towards female employees. They also presented evidence that they actually went out of their way to hire women.

Pao was not the only female employee who cited inappropriate sexual advances from partner, Nazre. Allegations were made by another employee, Trae Vassallo. She claims that he showed up at her hotel room during a business trip inappropriately clothed and urging her to join him for a drink. The company provided assurances that these claims were investigated. Post-investigation, Nazre left the firm.

If you have questions about gender bias in the workplace, please get in touch with the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Mexican Farm Workers Strike: Demanding Overtime Pay, Breaks, Water and Healthcare

April 28, 2015 - The Associated Press states that the average farm worker will make between $8-10 for a full 10-hour day of labor. Supporting yourself on such an income is difficult. Supporting your family on such an income is close to impossible. The Baja, California Mexican farm workers strike involves fifty thousand. Their strike is an aggressive method of protesting low wages, poor living/working conditions as well as general right abuses.

As the Mexican farm workers and the growers attempt to come together to resolve the issue, millions in crops have rotted in the field as the two play tug of war over the operations/property. It has been reported that workers have been witnessed throwing rocks and burning tires as they attempt to increase the attention given to the alleged mistreatment of the workers who farm millions of dollars worth of produce including strawberries and tomatoes in Baja. While the dispute was escalating, workers on strike blocked the main north-south highway and the Transpeninsular Highway. It’s also notable that additional strikes are breaking out in the surrounding area.

Workers are on strike demanding overtime pay, health care, water, breaks and time off. They also seek an end of arbitrary firings, and other abuses including sexual abuse. Workers (who are typically paid $8-10 per day) are requesting an increase to $20/day for long days in the sun or hothouse.

The farmers are being urged to return to work before the destruction of the crops leads to a destruction of jobs. Many could be affected by the ripple effect this would have on the region’s economy. During the course of the strike, over 200 protestors have been arrested for various activities including: riots, vandalism, rock-throwing, etc. To protect themselves and their livelihoods, businesses have boarded up their windows. More than 1,000 police officers have been dispersed throughout Baja, California area to control the situation.

If you are looking for information on hostile workplace conditions, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Lawsuit Claiming Bias in Firing: Former Athletic Director vs. St. Francis

April 27, 2015 -Sacramento native, Kolleen “Koko” McNamee was recently banished from the St. Francis Catholic High School campus. Prior to her banishment, she was the athletic director. The school was her alma mater (as well as that of her three sisters and her aunt). She spent 11 years as the schools athletic director. She even had plans for her own three daughters to attend her beloved alma mater. She was a very unlikely candidate for banishment. 

McNamee was fired from her position as athletic director in August of 2012. A guard watched as she packed her few belongings and then she was escorted off campus. Later that year McNamee sued the Roman Catholic Diocese of Sacramento (the school’s owner), two former administrators, and one administrator still actively involved at the school. In her suit, McNamee claims she was subjected to gender discrimination as well as defamation and workplace retaliation. She filed suit in order to obtain monetary damages of an unspecified amount.

The diocese requested the lawsuit be thrown out. Federal Judge Morrison C. England, Jr rejected the request. As is the case in many such cases, there are multiple characters and numerous stories and details that can make determining what actually happened difficult. McNamee claims that she saw “ugly” behavior from the varsity basketball coach at the games. When she reported the behavior as inappropriate, is escalated into her being fired and banned from campus. The varsity basketball coach, Vic Pitton, still works at the school.

Pitton denies claims that he has been seen as exhibiting negative behavior, but his story conflicts with not only McNamee, but also the school’s principal who said that he was “removed” from his position because his behavior was contrary to how she wanted the school to be perceived. She described his behavior as volatile and mentioned that he would go into rages during the games, yell at the referees, etc. Other documentation supports this information from another leader at the school: Vice Principal Urhammer.

For more information on bias in firing, retaliation and other discrimination in the workplace, contact your southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Protection for Transgender Inmates: Elton John calls the Issue to the Public’s Attention

April 24, 2015 -Claims that a transgender woman was mistreated at a Georgia prison inspired Elton John to call for equal rights for transgender inmates. In a recently released statement, John stated that transgender women housed in male prisons should be afforded the equal right to protection from violence and abuse while in prison, but that they somehow continue to be put in situations where they must endure horrific injustices.

The Justice Department responded to the situation by assuring the public that prison officials must approach inmate gender identity condition the same as they would any other medical or mental health condition. Attention was brought to the subject after a lawsuit was filed by the Southern Poverty Law Center in February against Georgia Department of Corrections officials. The suit was on behalf of a transgender woman named Ashley Diamond. 

In the February lawsuit, it is alleged that prison officials did not maintain proper treatment for Ashley Diamond, a 36-year-old prisoner with gender dysphoria. Allegations were made that Diamond was forced to go without hormone treatment for three years, that her body suffered as a result of the halted hormone treatments, and that she was both sexually assaulted and ridiculed as a result of her situation while in prison.

Elton John, founder of the Elton John AIDS Foundation, stated that in many cases, assaults such as those that Diamond suffered go unreported because the perpetrators are prison guards, wardens or other staff members. It sends a horrible message that violence and discriminatory behavior is not only allowed, but also sanctioned by the prison system when in relation to trans people.

A judge ordered California’s corrections department to make sex-reassignment surgery available to a transgender inmate. This is the first time such an operation has been ordered by the state of California.

For additional information on transgender discriminatory behavior, contact the southern California discrimination attorneys at Blumenthal, Nordrehaug & Bhowmik.