Chipotle Now Facing Alleged Racism Allegations in Another Lawsuit

Chipotle is having a rough year – at least in regards to legal allegations. From class action food poisoning lawsuits, animal welfare issues, drops in both sales and stock price…the popular restaurant chain can’t seem to catch a break in 2016. What are they facing now? Chipotle is making news again, but this time because they are facing allegations of racial discrimination and harassment at one of their California franchise locations.

The California lawsuit filed by Sheqweshu Clark, a previous employee at the El Segndo, California location, states that Latino managers assign day shifts to other Latino employees, but leave “black” staff, like herself, with the less desirable night shifts. But this is not the only claim being made by Clark in the recent lawsuit. She also alleges that management denied there was a problem with either shift assignment or discrimination and then fired Clark a few weeks later without offering an explanation. Clark claims she when she attempted to confront by Chipotle supervisors about preferential treatment, she was summarily dismissed and advised that “black girls” always have “attitude.” Formal allegations included in the lawsuit against Chipotle include: retaliation, wrongful termination, workplace harassment, racial discrimination, and failure to prevent harassment.

Chipotle is not commenting on the allegations at this time, but do state that they have received the suit and will consider its merits in order to determine a course of action. The Chipotle spokesperson did advise that, generally speaking, the filing of a lawsuit constitutes a series of allegations, but does not actually represent proof of wrongdoing.

If you have questions about wrongful termination, discrimination in the workplace, or workplace retaliation, please contact one of the experienced employment law attorneys at Blumenthal, Nordrehaug & Bhowmik as soon as possible.    

Paula Lopez, Former News Anchor, Files Wrongful Termination Lawsuit

Paula Lopez, a former news anchor for KEYT/KCOY, filed a wrongful termination lawsuit against NPG of California, owner of KEYT and KFFX stations. Lopez worked as a news anchor for the stations for close to 30 years before he was terminated in September 2015. At that time, Lopez was arrested on suspicion of driving under the influence and assaulting an officer.

Lopez pleaded no contest to DUI, refusing a chemical test, delaying a peace officer, and battery on a peace officer in a plea agreement. As a result she was sentenced to 120 days in jail and probation. She served 50 days in the electronic monitoring program.

Lopez filed the California lawsuit on September 2nd claiming that Lopez’s time with the station/s resulted in a loyal following of viewers through her distinguished and experienced work as one of the most trusted and vibrant television journalists on the Central Coast. Allegations were made the in spite of her history with the company, Lopez was discriminated against, demeaned and degraded on the basis of her sex, disability and Hispanic race/ancestry.

Allegations Included in the Lawsuit:

·       Lopez was denied equal pay based on gender.

·       Lopez was denied reasonable accommodation for her disability.

·       Lopez was denied reasonable accommodation for legal mandated interactive processes in relation to her disability.

Lopez insists that she wasn’t offered a fair agreement when NPG purchased the stations, stating that she was only offered a “minimal pay increase” even though she was already paid a significantly lower salary than CJ Ward, her male, non-Hispanic counterpart on the news show. General manager for the stations, Mark Danielson, responded that NPG does not comment on current or former employees or potential litigation.

Lopez claims that she took leave rom work after she “went missing for a day” in 2013. Reasons for this were related to a combination of symptoms and conditions in connection to anxiety, depression, and alcoholism – all of which the plaintiff claims she was in the process of having treated. Five months later, Lopez was arrested for public intoxication and was suspended from work without pay. Lopez mentions signing a “last chance agreement” in the lawsuit in an attempt to avoid being fired from her job. In the agreement, provisions required random drug and alcohol testing. Lopez claims that the station’s access to the results of these tests violated her privacy. Lopez also alleges that she was later moved to a station with “less stature,” given a more strenuous workload, and replaced on primetime by “younger” and “non-Hispanic” women. Lopez was terminated after her Sept. 6, 2015 DUI arrest.

If you have questions about wrongful termination or if you think that you may have been fired as a result of discriminatory practices in the workplace, please get in touch with one of the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

California Lawsuit: Did Starbucks Add Ice to Defraud Customers?

In a California lawsuit, accusations were flying that Starbucks was defrauding customers. What did they do? Allegedly? Claims were made that they were defrauding customers by adding ice to cold beverages. In recent action, Judge Percy Anderson tossed the proposed class-action lawsuit.

The federal judge who stopped the California Starbucks lawsuit in its tracks stated that any reasonable customer would know that ordering iced coffee or iced tea would include ice. He also stated reasoned that customers would be able to see the ice through the plastic cups that the Starbucks iced beverages are served in. He further reasoned that, in fact, even a child would be able to see it and “get it.”

His line of reasoning for opposing the class action status of the California lawsuit continued as he explained that young children learn that they are able to increase the amount of beverage they receive by ordering it with “no ice.” In the ruling Anderson issued in U.S District Court, Anderson supported his action by explaining that if kids have figured out that having ice in a code beverage decreases the amount of liquid they will receive in the cup, the court can only conclude that a reasonable consumer would not be deceived by the presence of ice.

The California lawsuit against Starbucks Corp. was filed in May by Alexander Forouzesh. He claimed fraud, breach of warranty, false advertising, etc. Forouzesh, a Los Angeles resident, insisted that the popular coffee chain was regularly cheating customers out of iced coffee and tea by filing the cups the beverages are served in with ice – “as much as halfway.” After the ruling, Forouzesh stated that he planned to file an appeal and that he was insulted by the judge’s remarks on the matter.

Starbucks, on the other hand, was pleased with both the judge’s decision and his remarks on the matter.

If you have questions about this or other California lawsuits or obtaining class action status for your California suit, please get in touch with the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Wage and Overtime Allegations Aimed at Korean BBQ Restaurant

A Korean BBQ restaurant in San Francisco is facing wage and overtime allegations from three former employees who filed suit citing wage theft, wrongful termination in retaliation for complaining about the company’s labor law violations. The lawsuit was filed against YakiniQ, Inc., the restaurant’s owner, Daeho Hwang, and the restaurant’s manager, Bruce Lee. The lawsuit was filed in San Francisco County Superior Court July 27th.  

The Plaintiffs: Michael An, Joshua Kim & Seung-Jae Yim

The plaintiffs who filed he wage and overtime lawsuit against the restaurant were servers at various times for YakiniQ. Termination dates vary, but fall between September and December 2015. All claim that their employer promised that they would be paid minimum wage plus tips that were left by customers of the restaurant.

The Defendant/s: YakiniQ, Inc., Daeho Hwang & Bruce Lee

Lee and YakiniQ are accused of withholding wages and keeping cash tips left by customers for themselves. The Defendants are also accused of regularly requiring their employees to work shifts that were longer than eight hours without providing overtime payment.

Employment law is in place to prevent employers from taking this type of action in order to “cut corners” when providing employees with their rightful wages.  

Activities included in the plaintiffs’ common duties:

·       Greeting customers

·       Seating customers

·       Taking orders from customers

·       Serving food and drinks to customers

·       Delivering bills to customers

·       Bussing tables

·       Cleaning the restaurant after close of day

Allegedly, the restaurant owner/manager prohibited the plaintiffs from taking their rest and meal breaks as required by law under California Labor Code. According to the lawsuit, when plaintiffs were allowed to eat, they were not relieved of job duties completely. They were required to respond to requests from both customers and their employer as needed even while eating. Servers were also, allegedly, financially penalized as a group for individual mistakes on the job. If one server forgot to include an item in a customer’s bill, the cost of the item was divided up amongst servers on the shift so the restaurant could avoid absorbing the cost. Michael An states that when he complained about the unlawful action on October 4th, 2015 he was fired.  Plaintiffs seek a jury trial and compensation for lost wages/unpaid overtime.

If you have questions regarding unpaid overtime or lost wages, please get in touch with one of the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Yahoo Confirms 500 Million Accounts Stolen

In recent news, Yahoo confirmed that 500 million user accounts were stolen in late 2014. This one instance of data loss is said to constitute the largest cyber security breach in history. Yahoo has publicly stated that they believe that someone who was acting on behalf of the government was actually responsible for the data breach. They have gone so far as to describe the individual as being “state-sponsored.”

Quick Facts On the Yahoo Data Breach: Largest Cyber Security Breach in History

Data Involved in the Breach: Information accessed during the data breach include: names, email addresses, phone numbers, birthdates, partial passwords (referring to passwords presented while hashed and with bcrypt), as well as some security Q&As.

Data Believed NOT to be Involved in the Breach: Bank account numbers and credit card data are believed NOT to be included in the stolen information.

Yahoo Recommended User Response: Yahoo encouraged users to alter their passwords and security questions as well as review their accounts for any suspicious activity.

Yahoo advised the public that they would continue to work with law enforcement to address the data breach. Rumors of the large-scale data breach started circulating in August when a hacker (“Peace”) claimed to be selling data pulled from 200 million online Yahoo users. Previously Peace claimed to sell account information stolen from LinkedIn and MySpace. When rumors began to circulate, Yahoo claimed they were aware of the situation and were conducting an investigation. It turns out the situation was even worse than rumors indicated.

The hack is being described by experts as “massive” and is expected to have a ripple effect online for years. In response to this and other, similar, situations, U.S. Senator Richard Blumenthal is calling for tougher legislation to require companies to provide prompt notification to consumers in the event customer data is compromised.

For more information on customer database breaches and appropriate notification of breaches as required by law, please contact the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik. 

Sexual Harassment Lawsuit: Diocese of Stockton Begins a Legal Battle

In recent news, a lawsuit has been filed that alleges sexual harassment and retaliation by a pastor at the Roman Catholic Diocese of Stockton. The pastor accused was placed on administrative leave after the lawsuit was filed.

The sexual harassment lawsuit was filed in San Joaquin County Superior Court and makes allegations that Monsignor Lawrence McGovern sent photographs described as “sexually explicit” to the victim. The victim was a pool maintenance contractor. When the pool maintenance contractor reported the incident, McGovern terminated his employment.

Legal representation for the victim, who is to remain unidentified, describes the situation as a class case of sexual harassment and retaliation. He stated that Monsignor McGovern texted a graphic photograph to the victim and then terminated the victim’s employment after the incident of the “lewd” photo was reported to the police. The victim’s representation also noted that while this conduct is a clear violation of the law when engaged in by any employer, it is particularly disturbing as this employer was a member of the clergy. When the victim asked McGovern why he sent the photograph by stating, “I thought you were celibate, Monsignor,” McGovern allegedly replied, “Celibate means not married.”

The diocese oversees Catholic parishes in multiple counties: San Joaquin, Stanislaus, Calaveras and Tuolumne. The statement issued in response to the allegations was simply to announce that McGovern had been placed on administrative leave and that it was the first time they learned of employment related allegations against Monsignor McGovern, the Pastor of Presentation Parish in Stockton. It was also noted in the diocese’s statement that their decision to place Monsignor McGovern on administrative leave was in accordance with the Canon Law of the Church and that it was pending a full a complete investigation.

Over a period of 20 years, the diocese has paid $14 million in judgments, settlements and legal expenses in a variety of cases of clergy sexual abuse. In January 2014, the diocese filed for bankruptcy after paying out millions to settle years of child sex abuse lawsuits. McGovern served as vicar general of the diocese during a time when the diocese was inundated with sex abuse accusations and lawsuits. In fact, he served as a key witness in several cases against former priests Oliver O’Grady and Michael Kelly.

O’Grady served as the subject of a documentary entitled “Delivery Us From Evil.” He served time in prison for child molestation, was deported back to his native Ireland in 2001 and served more time there after being found with child pornography.

Kelly fled the states to his native Ireland in April 2012 after being found liable in a civil lawsuit of sexual abuse. The victim, Travis Trotter, was awarded a $3.75 million settlement. Kelly was later indicted by a grand jury on four counts of child sexual abuse prompting the judge to issue a $175,000 warrant for his arrest. He has not returned to face charges.

Monsignor McGovern stood as a witness for these men, denying any knowledge of sexual improprieties despite living with them for years and contrary to victim statements.

If you need to discuss potential sexual harassment charges or wrongful termination with an experienced employment law attorney in southern California, please get in touch with Blumenthal, Nordrehaug & Bhowmik as soon as possible. 

In-House Lawyer Lays Out Discrimination Claims Against Apple

A former in-house attorney at Apple, Inc. going by the name of “Jane Doe” to shield her identity has accused Apple of age discrimination, gender discrimination and wrongful termination – all in violation of California labor laws. The complaint was filed June 1st in Los Angeles Superior Court.

Jane Doe alleges that men were offered more flexible work schedules and that supervisors at Apple gave her conflicting directions that forced her into a “no-win” predicament. The case has been assigned to Los Angeles Superior Court Judge Michael Johnson. Jane Doe was hired by Apple as global product safety counsel in February of 2014. At the time she lived primarily in Los Angeles and worked out of affiliate offices in accordance with an arrangement her original supervisor approved. Within a few months, Jane Doe got a new boss, senior director of products law, Michael Miramontes, due to reorganization at Apple.

Miramontes (Defendant) allegedly asked Jane Doe (Plaintiff) to move her family to Northern California. After further discussion, he eventually agreed to allow Jane Doe to work from Los Angeles on Fridays. In comparison, plaintiff alleges that there were male attorneys in the same department with deals to work from Sunnyvale for only 2 days of the work week or working out of state one week a month, etc. Jane Doe also received reprimands on the job for not “flying to Korea” to handle a product safety issue. Based on this reprimand, Jane Doe later offered to visit a Chinese manufacturing facility to handle safety issues in connection to a line of Bluetooth speakers by Apple Beats Electronics unit. She was then criticized for offering – creating a “no-win” scenario for Jane Doe. She was fired in January.

Johnson has already denied a request by Apple to have the lawsuit moved to Santa Clara – where they may have been hoping for a more tech-friendly venue. Downtown L.A. has a reputation for being fairly realistic regarding work situations and the inequities that occur, especially when dealing with one of the most powerful companies in the modern world.

If you need to know more about wrongful termination or if you fear that you have been a victim of wrongful termination yourself, please get in touch with us as soon as possible. Blumenthal, Nordrehaug & Bhowmik is the home of southern California’s favorite employment law attorneys. We have the experience and the knowledge to take your case from start to finish.