EMPLOYMENT - FEHA/WRONGFUL TERMINATION
SEXUAL HARASSMENT, SEXUAL ASSAULT, GENDER DISCRIMINATION

  • Claimant alleged she was discriminated against and wrongfully terminated because she asked for accommodations while pregnant.
  • Plaintiffs each worked at a restaurant.  Once each one became pregnant, they alleged they were not accommodated, their hours were cut, and they were not given uninterrupted meal and rest breaks.  Defendants denied discrimination, asserted that everyone’s hours were cut – not just the pregnant workers’, and that there were no wage and hour violations.
  • In a disability discrimination/wrongful termination case, Plaintiff alleged he was discharged after informing his supervisor that he would need to take additional time off to deal with a medical condition.
  • Plaintiff, a nurse supervisor at an acute care facility, alleged she was wrongfully terminated for refusing to fraudulently change patient records or for asserting that she would report the facility.  Defendants denied and asserted that Plaintiff was terminated for failing to go to work without getting permission.
  • Claimant alleged supervisor sexually harassed her through unwanted sexual advances, texts, touching, and got mad when she told him to stop.
  • Employee who returned from medical leave with restriction alleged that she was not offered available jobs or an accommodation.
  • An African American bus driver alleged that his workplace was permeated with sexual banter, conduct, and racial epithets. When he complained, he was retaliated against, written up, when others were not, and ultimately terminated.
  • Alleged embezzlement by an employee/shareholder.  Wage and hour violations alleged against the employee.
  • Dispute by a former employee regarding his classification as an exempt employee involving individual and PAGA claims.  Plaintiff was a field manager for a real estate management company.
  • Settled dispute involving a local delivery driver for a bakery who alleged that he worked overtime on a daily basis, six days a week, but was paid only his regular hourly rate rather than 1.5 times the regular hourly rate for his overtime hours and was not paid at the overtime rate for his entire shift that was over the 40 hours.  He further alleged that he was not provided any meal or rest breaks or paid a premium for the missed breaks.  He alleged the company cut his work schedule in retaliation for filing the complaint.  The company denied all of the allegations.
  • Arbitrated matter in which the Claimant brought causes of action for disability discrimination, failure to accommodate, retaliation, and wrongful termination.  Respondent’s Motion for Summary Judgment was granted.
  • Sexual harassment, sexual battery, gender orientation harassment, racial harassment and wrongful termination case brought by five employees against an employer/ business owner who was accused of making lewd comments to his employees on a regular basis in the workplace, requiring them to attend parties outside of work, drugging one of the employees and attempting sexual contact with her, making derogatory comments about an employee’s perceived gender orientation, making racial slurs and terminating the employees who complained of his conduct.
  • Sexual harassment, sexual assault, constructive termination, failure to pay overtime, meal and rest breaks case brought by two employees of a credit card sales company alleging that their employer would make sexual comments about them, stand over them and look down their blouses, and touch them inappropriately, causing them to leave their employment.
  • Sexual harassment case brought by a current employee of a governmental agency seeking damages for emotional distress due to allegations that a co-worker touched her without consent several times and made sexual comments on a regular basis all with the knowledge and acquiescence of the employer.
  • Male corrections officer at private correctional facility claimed gender discrimination as the reason for his discharge, given that a female corrections officer who was also involved in an incident regarding a thwarted escape attempt was not discharged until after her pregnancy leave.
  • Action for sexual harassment, retaliation and wrongful termination brought by an employee alleging she complained of sexually explicit comments made by a supervisor and was terminated as a result. Defendant employer asserted it had legitimate business reason for the termination, including allegations of violation of the company’s written policy by falsifying time off requests, sending highly confidential client information to her personal email account and by bullying co-workers.
  • Action brought by a delivery driver against his employer for constructive wrongful termination in violation of public policy, intentional infliction of emotional distress and negligent supervision and retention alleging that he was forced to quit his employment because of the employer’s continuing sexual advances and sexual harassment.
  • Action for sexual harassment in the workplace, constructive termination and intentional infliction of emotional distress in which plaintiff alleged that one of the other employees played x- rated videos on his computer in view of the plaintiff with the knowledge of the employer.
  • Action for sexual discrimination and harassment, hostile work environment and failure to prevent discrimination and harassment and intentional infliction of emotional distress against a men’s clothing manufacturer who forced the salesmen and co-workers to undress in front of her in the course of trying on the clothing line, calling her and her co-workers sexual and ethnic names, asking her about her sex life and circulating a letter inferring she had sex with a co-worker.
  • Sexual harassment case brought by a current employee of a governmental agency seeking damages for emotional distress due to allegations that a co-worker touched her without consent several times and made sexual comments on a regular basis all with the knowledge and acquiescence of the employer.
  • Action against a staffing agency and a manufacturer for discrimination and harassment based on sexual orientation, retaliation and defamation, alleging he was treated unfairly and singled out for tasks outside of his job function because he was homosexual.


    EMPLOYMENT - FEHA/WRONGFUL TERMINATION
    DISABILITY DISCRIMINATION
  • Two employees claimed wrongful termination from a car dealership; one for disability discrimination resulting from PTSD and his military status and one for racial/national origin discrimination. The employer claimed that each employee was terminated for violating company rules.
  • Discrimination claim in which employee was laid off shortly after she notified her employer that she was pregnant.
  • Disability Discrimination case with a wage and hour component in which an employee of a golf course alleged she requested accomodation for a foot injury after having worked at this position for six months. She requested a temporary change of duties, but instead she alleged her hours were reduced. One day she could not work for medical reasons and could not reach her manager to explain. When she came to work for her next shift, she was terminated.
  • Disability Discrimination case in which a forklift driver alleged the company failed to accommodate his medical restrictions and retaliated against by changing his shift time and shortening his hours and then terminated for requesting work with restrictions. Defendant claimed that there was no retaliation; that there was a global company change in shift times and Plaintiff was not singled out.
  • Disability Discrimination dispute in which a delivery driver was terminated after his physician placed him on medical leave. Plaintiff also alleged wage and hour violations. Defendant alleged the employee abandoned his job.
  • Disability Discrimination disputes in which employees alleged they were terminated because they took disability leave. They faulted their employers for failing to engage in the interactive process as well as failure to rehire. The employers asserted the terminations were legitimately due to poor attendance, hours and job performance issues.
  • Employee of a retail chain alleged she was singled out for discipline and later terminated based on the employer having to accommodate her disability. The employer claimed poor job performance was the reason for the discipline and termination.
  • Disability discrimination and wrongful termination case in which Plaintiff alleged she was treated differently and in a condescending way after her injury and multiple eye surgeries for which she was required to take medical leave and have some minor accomodations at work.
  • Nurse alleged Disability Discrimination and California Disability Act violation against a medical facility for refusing to allow her to bring her service dog to work at the medical facility.
  • Action by a bus driver against her former employer for disability discrimination under the FEHA for failure to accommodate her disability. She also sued for violation of the Family and Medical Leave Act, including retaliation and termination of her employment for taking her leave of absence.
  • Action by the executive director of an organization for disability discrimination, harassment, retaliation and wrongful termination after she disclosed her cancer diagnosis.
  • Plaintiff employee, who alleged his disability prevented him from sitting for more than two hours at a time, brought an action against his former employer for terminating him while he was on medical leave, failing to engage in the interactive process and failing to provide a reasonable accommodation.
  • Disability Discrimination case with a wage and hour component in which an employee of a golf course alleged she requested accomodation for a foot injury after having worked at this position for six months. She requested a temporary change of duties, but instead she alleged her hours were reduced. One day she could not work for medical reasons and could not reach her manager to explain. When she came to work for her next shift, she was terminated.
  • Disability Discrimination case in which a forklift driver alleged the company failed to accommodate his medical restrictions and retaliated against by changing his shift time and shortening his hours and then terminated for requesting work with restrictions. Defendant claimed that there was no retaliation; that there was a global company change in shift times and Plaintiff was not singled out.
  • Disability Discrimination dispute in which a delivery driver was terminated after his physician placed him on medical leave. Plaintiff also alleged wage and hour violations. Defendant alleged the employee abandoned his job.
  • Disability Discrimination disputes in which employees alleged they were terminated because they took disability leave. They faulted their employers for failing to engage in the interactive process as well as failure to rehire. The employers asserted the terminations were legitimately due to poor attendance, hours and job performance issues.
  • Employee of a retail chain alleged she was singled out for discipline and later terminated based on the employer having to accommodate her disability. The employer claimed poor job performance was the reason for the discipline and termination.


    EMPLOYMENT - FEHA/WRONGFUL TERMINATION
    RACIAL DISCRIMINATION
  • Wrongful termination, racial discrimination and gender orientation harassment brought by an employee who alleged the supervisor referred to him on a regular basis by racial slurs and made constant derogatory remarks about his sexual orientation. Employee alleged that after he complained to the employer’s human resources department, the supervisor then wrote him up for poor work performance, which the employee claimed was pretext.
  • Action for race discrimination, harassment, retaliation and failure to investigate FEHA protected complaints by a 911 dispatcher against a city. Plaintiff alleged that supervisors treated her disrespectfully and in a demeaning manner based on her race, and that because of ongoing harassment and discrimination she was forced to quit her employment.
  • Action brought by a school principal for wrongful termination from her position due to race and to mandate the school district to reinstate her as principal for failure to comply with Education Code section 44951, which requires that the notice of termination be sent by registered mail or signed by the affected employee no later than the 15th of March preceding the following school year.


    EMPLOYMENT - FEHA/WRONGFUL TERMINATION
    WHISTLE BLOWER RETALIATION
  • Wrongful termination, retaliation, wage an hour case brought by an employee who was a computer analyst for a large company and was terminated on the stated grounds of performance issues. The employee alleged that this reason was pretext because he was terminated right after his questions and complaints about misclassification.
  • Action for wrongful termination by a shipping clerk who alleges he was terminated for failing to follow his employer’s instructions for disposal of expired toxic and hazardous materials in a manner that violated state and federal regulations.
  • Police detective brought an action against his employer governmental entity for retaliation alleging he was not promoted or given coveted assignments because he engaged in protected activity.
  • Action for retaliatory discharge brought against an employer working on government contracts who discharged one of its scientists. The scientist alleged, among other things, that he was terminated for reporting what he believed was non-compliance with a federal statute. The company alleged that the discharge was for a proper reason and that the decision maker did not have knowledge that the Plaintiff was engaged in protected activity.


    EMPLOYMENT - FEHA/WRONGFUL TERMINATION
    AGE DISCRIMINATION
  • Plaintiff employee brought an action for age discrimination, defamation, pregnancy discrimination and wrongful termination. A videotape operator claimed he was discharged, not for sending clients the wrong tape, which he alleged was pretextual, but because a supervisor made comments about his age and because he had scheduled a three-month paternity leave, using vacation and sick time, to begin at the birth of his child.
  • Plaintiff brought an action for breach of implied contract, wrongful termination in violation of public policy, age discrimination, retaliation and unfair business practices. When he joined the company he had a three-year employment contract. Two years later, he was promoted and an addendum was added to his contract. The following year, the firm designated him a participant in the company’s long-term incentive plan. A year later, plaintiff alleges he noted illegal, fraudulent or nom-compliant conduct in accounting or reporting practices that he brought his concerns to senior management’s attention. Plaintiff alleges that after raising the issue multiple times, the company terminated his employment. The company asserted that the employment agreement was at will, that they terminated plaintiff due to downsizing, and that they did not terminate other individuals in the same or similar job category who were older than plaintiff.


    ​EMPLOYMENT - WAGE AND HOUR

  • Wage and hour dispute in which a security guard sued the owner of the building for whom he provided security, as a joint employer, in addition to the security company for whom he was employed.
  • Cargo ramp agents alleged they were not provided breaks or lunch periods due to work demands.
  • Class action lawsuit brought by a certified class of plumbers against their employer for classifying them as exempt employees, for failure to pay overtime compensation and failure to provide adequate meal and rest breaks.
  • Class action lawsuit brought by a certified class of exotic dancers against a strip club for misappropriation of the dancers’ tips, misclassification and other wage and hour violations. The club required the dancers to pay the club a portion of the monies that customers paid to the dancers for lap dances, which the class alleged to be illegal under Labor Code Sections 351 and 350(e). Further, the dancers alleged that they were employees rather than independent contractors.
  • Class action brought by a certified class of insurance agents for misclassification as exempt employees and failure to pay overtime.

 Hon. MICHELLE R. ROSENBLATT (Ret.) 

Representative Cases 

 EMPLOYMENT   

1900 Avenue of the Stars, Suite 200
Los Angeles, California 90067
Phone:            (310) 201-0010
Case Manager: Christie Woo
Email: christie@adrservices.com