Law Office of Joshua A. Burt

Archive for the ‘Employment’ Category

Burt Legal Files Lawsuit against Clinicas Del Camino Real for Disability Discrimination, Wrongful Termination, and Failure to Pay Overtime.

The Law Office of Joshua A. Burt filed a lawsuit today against Clinicas Del Camino Real, Corp. for disability discrimination, wrongful termination, wage and hour violations, and other related claims.  The complaint alleges that Clinicas Del Camino Real refused to accommodate the injuries suffered by its employee while on the job.  Plaintiff alleges that, with just a few small accommodations, she would have been able to continue her work without any problems.  Instead, the complaint alleges, that Clinicas Del Camino Real retaliated against and then terminated Plaintiff’s  employment.  The Plaintiff is seeking damages for lost wages, unpaid wages, emotional trauma, and punitive damages.

Burt Legal Obtains Settlement for $300,000.00 in Sexual Assault and Employment Harassment Case

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.

Burt Legal Obtains Judgment For $429,779.00

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.

Burt Legal Files Lawsuit against Ensign Energy Services for Sexual Battery, Sexual Orientation Harassment and Wrongful Termination

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.

Burt Legal Files Suit Against Rite Aid Corp. for Sexual Harassment and Discrimination.

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.

What is Employment Harassment and Discrimination under California Law?

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:

  • Race;
  • Color;
  • Religion;
  • Sex/Gender;
  • Pregnancy;
  • Sexual orientation;
  • Marital status;
  • National origin;
  • Ancestry;
  • Disability;
  • 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.

Burt Legal Files Lawsuit Against Daisy Brand for Discrimination, Retaliation and Wrongful Termination

The Law Office of Joshua A. Burt filed a lawsuit today against Daisy Brand, the well known maker of sour cream and cottage cheese, for harassment, retaliation, wrongful  termination and related claims.  The complaint alleges that a Daisy Brand senior sales manager retaliated against the Plaintiff because she participated in a protected investigation into claims of an improper relationship into his behavior with another employee. Also, the complaint alleges that, following the investigation, the sales manager and President of Daisy Brand discriminated against the Plaintiff based on her sex, age and perceived disability. Following the discrimination and retaliation, the employee became so distraught, she was forced to take medical leave. Daisy Brand then terminated the employee. The plaintiff is seeking damages for lost wages, emotional trauma, and punitive damages.

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