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.    

Yellowstone Worker Sees Red: Claiming Retaliation Over Asbestos Report

A Yellowstone National Park maintenance worker named Jon Kline reported that he and several other employees at the park were exposed to asbestos at Old Faithful Inn, a hundred year old lodge/hotel at the park. After submitting the report, Kline claims he was subjected to workplace retaliation from the park concession company, Xanterra Parks & Resorts, a subsidiary of Anschutz Corp. The company holds contracts to operate facilities focused on tourist attraction at a number of U.S. national parks including: Oregon’s Crater Lake, California’s Death Valley, Arizona’s Grand Canyon, and Utah’s Zion National Park.

Kline alleges that Xanterra Parks & Resort began to give him poor work reviews and eventually declined his contract renewal after the incident with asbestos exposure last March that he properly reported to authorities. The employee retaliation claim that Kline filed is still pending. In describing the circumstances where he and others were exposed to asbestos he states that they were told “not to worry about it” and that it was “safe.” The exposure occurred while he was part of a crew working on steam lines wrapped in asbestos at the Old Faithful Inn, originally opened in 1904. His opinion of the situation was that it was not worry free or particularly safe.

Asbestos got loose from an old pipe insulation when broken pipes that occurred during the winter began to emit steam in March. The pipes were restored in order to provide heat to the west wing before the plumbing could be turned on. The asbestos was present in at least eight rooms in the west wing of the seven-story structure known as Old Faithful. Workers were not alerted to the presence of asbestos before they tore into the walls to get to the ruptures. The asbestos was cleaned up by a certified company prior to opening the popular Yellowstone hotel to guests the following May. The Old Faithful Inn is ranked as one of the world’s largest log structures and is very well known. In fact, it’s one of the most stunning and immediately recognizable hotels in the entire U.S. national park system.

As a result of four workplace safety citations due to exposure, Xanterra paid $15,300 in fines last September. Workers involved were not wearing appropriate safety gear. They were provided with inadequate respirators thus exposing them to the cancer-causing substance (according to representatives from the Wyoming Occupational Safety and Health Administrator). Xanterra representatives declined to comment on the case or respond to allegations, but did state that the safety of their employees and guests are a top priority.

If you have questions regarding workplace retaliation and how to recognize labor law violations in southern California, please get in touch with the experienced employment law attorneys at Blumenthal, Nordrehaug & Bhowmik today.

Wrongful Termination and Retaliation Suit: California Firefighter Awarded $2.3 Million

In recent news, Todd Milan, 47, was awarded $2.3 million by a Solano County Superior Court jury in a civil wrongful termination and retaliation lawsuit. Milan claimed that he was targeted by a couple of his superior officers after he informed the Division of Occupational Safety and Health of procedure irregularities during a residential fire that occurred on September 29, 2011. When entering the disabled man’s burning mobile home, Milan assumed Captain Erick Diez would enter alongside him. Diez never entered the burning structure, which was a violation of regulations requiring that firefighters always work in pairs. Diez’ failure to enter the structure left Milan inside alone for 90 seconds. Milan also claims that Diez did not have his gloves on when responding to the fire. The resident of the mobile home fire later died.

 

Workplace Retaliation: Similar to harassment and “hostile workplace,” workplace retaliation is not actually about people in the workplace exacting revenge or getting back at someone else for their behavior. Instead, it is focused more on making them afraid to complain or to assert their right. It is a subtle distinction, but necessary to delineate in certain situations where violations of employment law have occurred.  

 

Milan also claims that Fire Chief Paige Meyer advised Milan that he would be okay as long as his account of the fire matched those of other firefighters at the scene. Milan’s allegations made it clear that he claimed the City of Vallejo and the Fire Department covered up the events that occurred at this particular fire, which was the focus of an investigation by the Division of Occupational Safety and Health. 

 

After this occurrence, Milan took an examination, which he did not pass. He claims that the Fire Department’s refusal to allow him to re-take the examination was in retaliation for his previous actions in reporting departures from procedure at the September, 29th, 2011 mobile home fire. At the time of the incident in question, Milan was an apprentice firefighter. He is now a teacher for a class for paramedics.

 

After a nine-week trial, the jury deliberated for two days. They awarded Milan with $2.3 million in compensation for past and future wage losses as well as emotional distress suffered as a result of the event.

 

If you have information regarding workplace retaliation, please get in touch with the southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik. 

Discrimination & Workplace Retaliation: KKK Hood Placed in Worker’s Station

Isiah Washington, a 27 year old African American factory worker, claims he was fired in retaliation after he reported what can only be described as an inappropriate action taken in the workplace: racist co-workers hung a Ku Klux Klan “hood” in his workstation. This alleged act of racial discrimination also constituted a hostile work environment for the former employee of Sierra Aluminum Company in Riverside, California. As a result of the occurrence last April, Isiah filed a racial discrimination suit against the company.

Washington claims that the “hood” was clearly a symbol of the KKK, one of the most violent and ruthless organization in the history of the country. He also claims that when it was reported, the company not only didn’t respond, but they didn’t even pretend to take it seriously, even though Washington noted that this particular incident was the final move in a months long campaign of discrimination. He stated that he was scared and felt very threatened in the situation. When he asked his supervisor to “please take it down” the supervisor blew Washington off. He states that the supervisor started talking to other employees and that they all began laughing. Washington remembers that he was scared for his life and “everyone was laughing” (including his supervisor to which Washington had just reported he incident). Washington claims in the lawsuit that the offensive (and terrifying) white sheet remained above his workstation for another hour while he continued his work. He clarifies that he did not see it as a prank or a joke, but as an intimidation technique – a threat.

Washington filed a complaint with the company’s HR department about the incident. It was ignored. The firm actually claimed that the “sheet” must have been blown in with a gust of wind. Seeing the action as a threat that wasn’t addressed in any way by the company, Washington alleges he had to continuously watch his back on the job – resulting in extreme emotional distress, fear and even anxiety. From that day on, Washington had to put up with derogatory comments from his co-workers.

At Washington’s request, the company agreed to move him to a different shift, but he ran into trouble again a few months later. After accidentally cutting his thumb on some aluminum, Washington covered the cut with a band-aid. On the following day, his supervisor questioned him about the incident – wondering why he had accessed the First Aid box on site. He replied and advised his supervisor that he was fine at which point the supervisor insisted that Washington visit the company driver and that he allow someone to drive him. Wary because of the recent negative activity in the workplace, Washington declined the ride to the doctor and advised the supervisor he could drive himself. The supervisor became angry and advised Washington he could no longer go to the company doctor. He went anyway and received clearance to work. When he returned to work the next day, he was fired. The reason he was offered for his termination was that he did not follow company policy.

Washington feels that the company obviously used this situation as an excuse so they could fire him, which could be referred to as wrongful termination.

If you have concerns about discrimination in the workplace, workplace retaliation or wrongful termination, please contact the experienced southern California employment law attorneys with your questions at Blumenthal, Nordrehaug & Bhowmik.

Desperate Housewives Star Files Retaliation Lawsuit

Many have heard of the popular TV series called the Desperate Housewives. Of those who watch the show, almost all should be familiar with Nicollette Sheridan. She has been called the most “risqué” of the women on the show. In most recent news, she may be better known for her recently filed lawsuit.

According to Sheridan, she got into a verbal argument on set with the writer/creator of the show, Marc Cherry. She claims that the argument ended when Cherry slapped her. According to Sheridan, this was battery. According to Cherry, this was stage direction.

Sheridan responded to the incident by complaining to the network as well as the show’s producer. The next year, her character, Edie Britt, was killed in the midst of the show. Sheridan saw this as retaliation for her complaints regarding the “battery” on set the previous year and filed a lawsuit claiming such. The lawsuit was twice dismissed by trial courts and revived twice by the court of appeal.

What secret, sordid detail led to such an intriguing on again, off again response from the courts? It’s not nearly as intriguing as one might expect from a plaintiff known for being “spicy.” In fact, it’s downright boring. The question that is causing the confusion is this: Did Sheridan have to file an administrative complaint with the Labor Commission before suing?

According to the court of appeals, she did not have to file such a complaint. Their decision was based on a brand-new labor code stating:

“A person is not required to exhaust administrative remedies…unless the section under which the action is brought expressly requires it.” The sections referenced in this case are not seen to “expressly require” it as they use the term “may” instead of “shall” in regards to filing a claim with the Labor Commission. The court of appeals does not feel that the word “may” indicates a mandatory requirement. This resulted in the reinstatement of her case allowing Sheridan the opportunity to seek resolution in court.

If you need to discuss on the job battery or if you have other questions regarding southern California employment law, please get in touch with the experienced attorneys at Blumenthal, Nordrehaug & Bhowmik.  

Allegations of Retaliation from Former Korn/Ferry Executive

May 4, 2015 - Korn/Ferry International is the world’s largest executive search firm. This makes it big news that the firm is currently in the midst of an intense legal dispute over the termination of one of their top executives, Robert A. Damon.

Robert A. Damon is a former executive chairman of the Americas. In a recent lawsuit he alleges that he was fired in retaliation for his complaints about Chief Executive Gary Burnison’s treatment of a number of female employees. Mr. Damon made his complaints regarding the inappropriate treatment of his colleagues to board members. As a result of his firing, Damon alleges that he lost over $1.7 million in deferred compensation because he was fired for cause. Korn/Ferry denies the allegations.

Korn/Ferry claims that Mr. Damon’s complaints are simply an attempt to downplay/deflect the actual reason behind his termination. The company states that Mr. Damon was “terminated with cause” due to inappropriate personal behavior, flagrant violations of company policy, and material breaches of his employment contract.

Having the dispute go public holds potential embarrassment for the high-profile search firm as they market themselves as a provider of “talent management solutions.” The suit was filed by one of Korn/Ferry’s very own “talents.” Mr. Damon, age 67, was recruited by Korn/Ferry back in 2004 as president of North America, the company’s most substantial unit. He was later promoted to oversee the company’s Americas region.

Korn/Ferry’s 444 recruiters have helped to place leading executives at major corporations such as: Office Depot, Inc., Target Corp., Major League Baseball, etc. Korn/Ferry has held the top spot in the global and US search industry for over 10 years. Korn/Ferry’s own Mr. Burnison. Who has led the company since 2007, has written three different leadership books during his time as CEO. Mr. Burnison, Korn/Ferry CEO, is named specifically as a defendant in the lawsuit alongside Korn/Ferry with allegations that he engaged in a pattern of abuse and discrimination negatively affecting female employees. Allegations state this the discrimination and abuse towards female employees began in 2010.

Experts indicate that Damon’s suit against Korn/Ferry is exciting because it’s not very often that male employees sue employers for retaliation as a result of speaking out about alleged discrimination and abuse of women in the workplace. 

For answers to your questions about discrimination against women in the workplace, contact Blumenthal, Nordrehaug & Bhowmik, your southern California employment law attorneys.

Record Number of OSHA Whistleblower Investigations

OSHA has officially reached a milestone in federal whistleblower cases: they have investigated over 3,000 cases in a fiscal year. It’s the first time they have handled this many cases in one fiscal year. According to OSHA, they took on 3% more cases in 2014 (fiscal year) than they did in 2013 (fiscal year). The actual number of whistleblower complaints wasn’t disclosed by OSHA, but a study conducted by Bloomberg BNA in 2014 indicated that only 41% of the complaints made passed the initial screening process and resulted in further investigation (from cases filed 2011-2013).

The meaning behind the increase in cases investigated isn’t clear, but some point to the increased amount of media attention that is being given to substantial settlements and awards being offered to plaintiffs in whistleblower cases. The new high in case filings aside, OSHA’s Whistleblower Protection Advisory Committee’s chairperson, E. Spieler, indicated that there had been predictions that the caseload would increase at OSHA due to the introduction of online filing for whistleblower complaints that occurred in 2013. In combination with the release of the online filing capability, findings in late 2013 by the U.S. Supreme Court on whistleblower provisions (Sarbanes-Oxley Act (SOX)) hold that statutory protection extends to a public company’s private contractors/sub-contractors.

The bulk of the cases were related to safety:

• 1,729 filed under the anti-retaliation clause, Section 11(c)
• 463 filed under the STAA
• 351 filed under the Federal Railroad Safety Act

The growth of cases could spring from a 2014 memorandum of understanding between FMSCA and OSHA. The memorandum put OSHA in charge of handling cases involving commercial vehicle drivers making allegations of discrimination based on the reporting of safety issues.

For more information on safety regulations and standards in California workplaces, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.