Did California Farm Retaliate Against Cannabis Workers that Voiced Virus Concerns?
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Three sisters (Rachel, Alejandra, and Andrea Montelongo) allege that Valley Harvest LLC and Nug Farms, fired them because they raised concerns about working conditions at the cannabis farm.
All the Details on the Case: Montelongo et al. v. Valley Harvest LLC et al.
Case Number: 5:21-cv-00235
Court: U.S. District Court for the Northern District of California
Date Filed: Jan. 11, 2021
The Plaintiffs in the Case: Rachel Montelongo, Alejandra Montelongo, and Andrea Montelongo
Defendant: Valley Harvest LLC
The Plaintiffs in the Case: The Three Montelongo Sisters
The Plaintiffs in the case, the Montelongo sisters, are former marijuana farm workers who allege their former employer fired them for voicing complaints about working conditions during the coronavirus pandemic.
Background of the Case: Montelongo et al. v. Valley Harvest LLC et al
The sisters claim they voiced their concerns to a company executive during their short time on working on the farm. According to court documents, Rachel Montelongo needed to leave work one day citing mental health reasons, and her two sisters accompanied her. One day later, the three women were fired. Based on the sisters’ claims that the complaints they made to the Nug Farms executive concerned violations of health and safety laws, minimum wage laws, family rights protections, and disability accommodations, responding by firing the workers who complained violates employment law.
The Montelongo Sisters Work History at Nug Farms:
Valley Harvest LLC, farm labor contractor, hired the Montelongo sisters, and they started work at Nug Farms in June 2020. During their time employed on the cannabis farm, the sisters raised concerns to a company executive about the lack of compensation for time spent waiting in line for mandatory temperature checks before shifts started, and a lack of social distancing in the workplace. According to the complaint, dozens of people were required to work in cramped conditions at Nug Farms. The plaintiffs also allege that they were not provided with appropriate personal protective equipment when instructed to directly handle bleach on the job. According to the complaint, later that month Rachel Montelongo left work to obtain treatment for her postpartum depression. Her sisters left work with her. The next day, human resources called to advise one of the sisters that all three of the Montelongo sisters were fired. The company claimed that Andrea and Rachel were fired for working too slowly and tardiness. The company claimed Alejandra was fired for overwatering certain plants.
Additional Claims Made by the Plaintiffs in Montelongo et al. v. Valley Harvest LLC et al.
In the lawsuit, the Plaintiffs also brought employment discrimination claims under the Americans with Disabilities Act, multiple retaliation claims, as well as Califonia labor law violations. The Plaintiffs seek damages to compensate lost wages (both back pay and front pay), and additional lost benefits.
If you have questions regarding employment law and how it protects California employees from workplace retaliation, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
