Today, The Law Office of Joshua A. Burt secured a $300,000.00 settlement in favor of a young woman who claimed to have been sexually assaulted by the owner and executive of the company she worked for. The client and employer were in the field marketing the company’s products. Our client claims the employer repeatedly touched her in inappropriate ways, made vulgar statements, forcibly kissed her, and attempted to pull her pants off and touch her inappropriately. Fortunately, our client was able to escape before anything else transpired.
Our client then quit her employment and engaged The Law Office of Joshua A. Burt to aid her in the resolution of her case. After significant negotiations, The Law Office of Joshua A. Burt was able to obtain the $300,000.00 settlement for its client. Our client expects to use this settlement for her living expenses until she is able to find new employment and as a comfort following this tragic incident.
If you or someone you know has been the victim of a physical attack such as a sexual assault, or has been the subject of harassment or discrimination in the workplace, The Law Office of Joshua A. Burt has many years of experience handling such claims. We have obtained sizable settlements and judgements on behalf of our clients. Please contact us for a free consultation.
Today, The Law Office of Joshua A. Burt secured a judgment in favor of its client, Kristine Avalos, in the matter of Avalos v. Wahome, et al. in the sum of $429,779.00 plus attorneys’ fees. The defendants, Michael Wahome and his companies, subjected Ms. Avalos to terrible sexual harassment, discrimination and retaliation during her employment. Ms. Avalos was the only woman in a business dominated by aggressive and inappropriate men who sought to demoralize Ms. Avalos and make her quit. When she refused to quit, the targeting of Ms. Avalos both escalated and became more frequent until the defendants ultimately fired her for her complaints.
This judgment will help Ms. Avalos recover from her wrongful termination and inability to work as a result of the traumatic events she suffered while employed by the defendants.
The Law Office of Joshua A. Burt filed a lawsuit today in Federal Court against Ensign Energy Services, two of its subsidiaries and two of its employees for sexual battery, sexual orientation harassment, retaliation, wrongful termination and other related claims. The complaint alleges that Ensign’s employees accused the Plaintiff of being a homosexual and routinely sexually battered the Plaintiff. One one occasion, an employee threw Plaintiff to the ground and stripped his outer layer of clothes before grabbing his genitals. All the while make reference to Plaintiff’s alleged sexual orientation. Another time, when the employees were staying at a hotel for work, an employee barged into Plaintiff’s hotel room and accosted him while he was taking a shower. These employees continued to sexually batter and harass Plaintiff on numerous other occasions. However, Plaintiff’s complaints to management were ignored. In fact, when Plaintiff made his final complaint, his manager expressed that he didn’t care and promptly fired Plaintiff. The Plaintiff is seeking damages for lost wages, emotional and physical trauma, and punitive damages.
The Law Office of Joshua A. Burt was recently featured in the Ventura County Star. Click here to see what the Star has to say.
The Law Office of Joshua A. Burt filed a lawsuit today against Rite Aid Corporation and a its District Manager for sexual harassment, discrimination, retaliation, and other related claims. The complaint alleges that a Rite Aid Corporation District Manager required his subordinate to have sex with him in exchange for his supporting her application for a management level position. However, as part of Rite Aid’s recruitment of Plaintiff, Rite Aid agreed that Plaintiff was being hired as a Manager and only had to go through a short manager training period prior to assuming that position. Shortly after beginning her training, the Rite Aid District Manager told Plaintiff she would not get the manager position she was promised. He then suggested that they have sexual intercourse and implied that he could “help” her obtain the position. After Plaintiff began refusing her superior’s sexual advances, he began to retaliate against her, filing multiple unfounded complaints against Plaintiff to Rite Aid Human Resources. Each time, Human Resources found that these complaints were meritless. However, when Plaintiff attempted to complain to Rite Aid Human Resources regarding the harassment, she was told that they didn’t have the time to even listen to her complaint. Rite Aid then failed to investigate and the retaliation, discrimination and harassment continued relentlessly. Ultimately, faced with escalating abuses, Plaintiff was forced to quit and take a lower paying job at another company. The Plaintiff is seeking damages for lost wages, emotional trauma, and punitive damages.
In California, the Fair Employment and Housing Act (known as FEHA) defines what employment harassment and discrimination is and what penalties apply.
Although California prohibits certain forms of harassment and discrimination, not everything uncomfortable is illegal. The law does not stop employers from being bad, vulgar (to a point), disorganized, lazy, or from playing favorites unless their conduct is the result comes from a “bad” reason. Such reasons include acts based on the following:
- Sexual orientation;
- Marital status;
- National origin;
- Medical condition;
- Age (40 and above);
In addition to the above forms of harassment and discrimination, California law prohibits many other improper employment practices, including:
- Denial of family and medical care leave;
- Denial of disability leave and/or reasonable accommodations for pregnant women;
- Denial of reasonable accommodations for those with disabilities; and
- Restrictions on spoken language.
There are many other inappropriate employment practices that are prohibit in California.
The Law Office of Joshua A. Burt is very experienced in handling employment disputes. If you feel that you have been victimized by employment discrimination or harassment or are an Employer defending against such a claim, please contact the firm to discuss your particular concerns and to set up a free consultation.
Disclaimer: The above post should not be considered and does not constitute legal advice. You should not rely on any of this advice because each case is fact specific and could be subject to different local, state, and federal laws. No attorney-client relationship exists based on this or any other information on this website.
The Law Office of Joshua A. Burt filed a lawsuit today against American Bottling, Inc. for breach of contract and fraud. The complaint alleges that, although America Bottling, Inc. agreed to deliver bottles of a correctly formulated energy drink to a customer, American Bottling, Inc. delivered less than one-third of the bottles contracted for, all of which were incorrectly formulated, and charged the plaintiff more than the agreed on price. The plaintiff is seeking compensatory damages and punitive damages.
The Law Office of Joshua A. Burt filed a lawsuit today against Grandstay Hospitality, LLC and a supervisor for whistleblower retaliation, failure to pay overtime, denial of meal and rest breaks, and breach of privacy rights, among other things. The complaint alleges that Grandstay Hospitality, LLC fired the plaintiff after he reported possible illegal activities by management. Furthermore, Granstay Hospitality, LLC is alleged to have doctored time cards so as to avoid paying overtime and also failed to provide meal and rest breaks to its employees. The plaintiff is seeking damages for lost wages, emotional trauma, and punitive damages.
The Martindale-Hubbell attorney rating service has announced that it is giving Joshua Burt, the principal of the Law Office of Joshua A. Burt, its top rating, AV Preeminent. The rating involves an in depth review of the attorney’s experience and ratings from peers in the legal community.
Joshua Burt has been practicing in California since 2002 in the areas of intellectual property, rights of publicity/privacy, entertainment, employment, and personal injury law. He has provided exceptional legal services to countless clients through the years.
Joshua Burt would like to thank all his clients and colleagues who helped make this recognition possible.
The Law Office of Joshua A. Burt is proud to announce that, as of September 6, 2011, the firm will have a new home in Ventura. With the growth in the firm’s business, a larger office became a necessity. The new office will feature a large reception area and conference room for client meetings, depositions, and events.
The office will be located at:
200 East Santa Clara
Ventura, California 93001
With the move, the firm will also have new telephone numbers. The new phone numbers are:
Phone: (805) 652-1211
Toll Free: (888) 245-3312
Fax: (805) 652-1212
The firm will be hosting a reception at the new offices in the coming weeks.