Age Discrimination Archives

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62 Year Old, African-American Former Branch Manager Files Racial Discrimination Lawsuit Against Terminix, a Subsidiary of ServiceMaster: Suit Highlights Wrongful Termination, Age Discrimination, Race Discrimination, Failure to Prevent Discrimination, Retaliation, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress and Statutory Unfair Competition

EL SEGUNDO, CA (September 9, 2017) — Ernest “E.J.” Walker, a 62 year old African American, filed suit this month in San Francisco Superior Court against Terminex International Company L.P. (Terminex) and ServiceMaster Global Holdings, Inc. (“ServiceMaster”), ticker symbol “SERV”, a publicly traded Fortune 1000 company that provides residential and commercial services. The suit accuses Terminex and ServiceMaster of wrongful termination, age discrimination, race discrimination, failure to prevent discrimination, retaliation, intentional infliction of emotional distress, negligent infliction of emotional distress and statutory unfair competition.

According to the suit, Ernest was a loyal employee of Terminex for over twelve years. Prior to his alleged wrongful termination, he had performed exceptionally well, leading the company’s “largest branch in the western division” (Alameda, Contra Costa, San Francisco, San Mateo and Santa Clara) to “record revenue and profits”. When his supervisor left, E.J indicated his interest in the job. Instead of being considered for the promotion, Terminix told him that he would not be considered “based on his performance”, and Terminix hired a white male. Shortly thereafter the new white supervisor inexplicably gave him a “written warning” and thereafter his new white supervisor put him on a “a performance improvement plan claiming E.J. was not meeting expectations”.

Ernest “refused to sign the performance improvement plan” and ultimately “filed an ethics complaint” against his new supervisor. Yet, “[t]he same people who gave E.J. his performance review, were tasked with investigating the review”. Terminix placed him on a second performance improvement plan, and followed that with a termination for alleged “performance deficiencies”.

The lawsuit, filed in San Francisco County Superior Court, seeks damages for lost wages, special damages including loss of income and benefits and medical expenses, interest, punitive damages, and attorneys’ fees and costs. Terminix has since removed the case to the United States Federal District Court, Northern District of California. Click here for a copy of the Complaint.

“We’re eager to commence discovery to determine why Terminix failed to consider an apparently exemplary employee for promotion. We’re interested to discover whether our the Company’s stated reasons for termination are legitimate and non-discriminatory, or merely a pretext for unlawful age-based, race-based discrimination and retaliation. We are also curious to learn what actions, if any, that the company took, once it was on notice of E.J. complaints.” says Chris Adishian.

About Adishian Law Group, P.C.

About Adishian Law Group, P.C. Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of December 2016, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 10 foreign countries in over 520 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

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Former President Sues Keystone Engineering Company, KE Company Acquisition Corp., Cornerstone Capital Holdings, LLC and Oasis Outsourcing, Inc.: Suit Highlights Retaliation; FEHA Retaliation, Gender Discrimination; Age Discrimination, Sexual Orientation Discrimination, Failure to Prevent Discrimination, Wrongful Termination, Unfair Competition, Breach of Fiduciary Duty of Majority Shareholders and Accounting.

EL SEGUNDO, CA (February 23, 2016)— Jamie Vitalich, an accomplished female aerospace industry executive recently filed suit in Los Angeles Superior Court against Keystone Engineering Company, KE Company Acquisition Corp., Cornerstone Capital Holdings, LLC and Oasis Outsourcing, Inc. The suit accuses defendants of whistleblower retaliation, FEHA retaliation, gender discrimination, age discrimination, sexual orientation discrimination, failure to prevent discrimination, wrongful termination, unfair competition, breach of fiduciary duty of majority shareholders, and demands an accounting.

According to the Complaint, the decision makers for the company stated that the Company ”would gain more business with a male President,” and shortly thereafter re-assigned Jamie, marginalized her, demoted her .and promoted a male to President, Ian Ballinger, who then terminated Jamie.

Defendants originally recruited and hired Jamie in 2013. The Complaint goes on to allege that her tenure as President “was marked with achievements , which included: coordinating the implementation of independent IT, HR, quality management and operational finance systems; overseeing the divestiture of the Ontario facility for $7.5 million; and facilitating a company profit that reduced Keystone’s longstanding debt to $1 million.” Prior to her termination Jamie questioned “why Keystone was paying ….a Cornerstone employee…more than 50% of her salary.” The Complaint also alleges that prior to her termination, she questioned “a discrepancy of roughly $300,000 in the statement of the company’s profits between the set of books used to determine the employees’ 2014 profit-sharing and the set of books audited by a third-party auditor.” The Complaint further alleges, that contrary to the stated belief that the Company “would gain more business with a male President”, “with Ballinger at the helm, Keystone’s profits had plunged. Jamie, irrespective of retaining the title of COO, was systematically excluded from meetings vital to the proposal process, including customer proposals and visits, and was, instead, assigned menial, demeaning duties by Bushell and Ballinger.” The Complaint goes on to allege that the “campaign to oust Jamie from Keystone so the ‘face’ of the company would be a man culminated in the pretextual elimination of her COO position and her ….termination…”

“The actions as alleged in the Complaint highlight the destructive impact of illegal discrimination. The case also touches on current themes of discrimination in the world of private equity, venture capital and their portfolio companies (e.g., Tinder lawsuit) and the emerging area of law finding joint employer relationships. We’re eager to commence discovery to determine whether Defendants’ stated rationale was merely a pre-text to cover up a wrongful termination.” says Chris Adishian.

The lawsuit seeks damages for lost wages, benefits and career opportunities, special damages, punitive damages, interest, and attorneys’ fees and costs and an accounting. Click here to read a copy of the Complaint.

About Adishian Law Group, P.C. Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

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69 year old, Decorated U.S. Army Colonel (Ret.) Sues Cubic Corporation and Related Entities: Suit Highlights Retaliatory Discharge; FEHA Retaliation, Age Discrimination, Harassment, Failure to Prevent Discrimination and Wrongful Termination.

EL SEGUNDO, CA (February 22, 2016)— William V. Wenger, a 69 year old male, and Colonel, U.S. Army (Ret.) recently filed suit in Los Angeles Superior Court against Cubic Corporation and Related Entities. The suit accuses defendants of whistleblower retaliation, FEHA retaliation, age discrimination, harassment, failure to prevent discrimination and wrongful termination.

According to the Complaint, during his distinguished 45 plus year career in the military Col. William V. Wenger (Ret.) received multiple decorations including 3 Bronze Stars, and was a nationally recognized military expert having graduated and taught at the prestigious Army War College.

Cubic hired Bill to join the staff at the Georgian Armed Forces Command. The Complaint goes on to allege that “no employee….had more Joint Service experience in uniform…., more higher-level command time or year in command nor more military and civilian education than Bill.” It goes on to allege that he received “2-1/2 years of exemplary teaching reviews” before being told by a younger male supervisor that a “perception had…developed…that Bill suddenly….was not sufficiently knowledgeable in the subject matter.” The Complaint goes on to Bill properly lodged a “formal written complaint with Bill Craven (“Craven”), CUBIC’s Program Manager….on CUBIC’s ‘Employee Complaint Notice’ form”, yet no action was taken. The Complaint alleges that Bill subsequently “additionally lodged specific complaints about CUBIC’s C&GSC program…which directly violated specific requirements of the Statement of Work as enumerated in CUBIC’s C&GSC contract W91 CRB-14-C-0020-CGSC with the U.S. government.” As alleged in the Complaint, a few short weeks later he was terminated.

“In many ways, Col. William V. Wenger (Ret.) embodies those Americans who have served their country honorably, with distinction and most humbly. We’re eager to commence discovery to determine whether Col. Wenger (Ret.) truly was not “sufficiently knowledgeable” or if Defendants’ stated rationale was merely a pre-text to cover up a wrongful termination based upon his age and/or in retaliation for his proper complaints her lodged regarding Cubic’s conduct, including but not limited to its alleged non-compliance with U.S. government contracts” says Chris Adishian.

The lawsuit seeks damages for lost wages, benefits and career opportunities, special damages, punitive damages, interest, and attorneys’ fees and costs. Click here to read a copy of the Complaint.

About Adishian Law Group, P.C.

Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

FOR IMMEDIATE RELEASE

Former North American Sales Director Sues Epicor Software Corporation: Suit Highlights Age Discrimination, Failure to Prevent Discrimination, Wrongful Termination, Unfair Competition and Failure to Pay Wages.

EL SEGUNDO, CA (September 18, 2015)— Franklin Tedford (“Ted”) Kelley, Jr., a 57 year old male, recently filed suit in Los Angeles Superior Court against Epicor Software Corporation. The suit accuses the defendant of age discrimination, failure to prevent discrimination, wrongful termination, unfair competition and failure to pay wages.

According to the Complaint, Ted’s performance placed him in “the company’s elite “Circle of Excellence.” The Complaint goes on to allege that under the guise of a “company reorganization”, the company had “campaign to isolate Ted from the same accounts he had brilliantly managed….in an attempt to for Ted – an older, highly paid, long-term employee – to resign.” When Ted refused to resign, the Complaint alleges that the Company “cancel[ed] his recurring commissions….and raised Ted’s 2015 quota to…more than three times his 2014 quota…and, thereafter, again raised Ted’s 2015 quota”. According to the Complaint, following these and other actions alleged in the Complaint, the Company terminated Ted as “North American sales director” due to alleged “position elimination”.

“The notion that a hugely successful software company has suddenly decided that it will no longer need a ‘North American sales director’ is certainly interesting. Taking them at their word, it seems that the Company will no longer be selling its software in North America. We’re eager to commence discovery to discover, among other things, whether facts support that as being true or it is just a pretext.” says Chris Adishian

The lawsuit seeks damages for lost wages, benefits and career opportunities, special damages, punitive damages, and attorneys’ fees and costs. Epicor has removed the case to the United States District Court, Central District of California in Los Angeles. Click here for a copy of the Complaint.

About Adishian Law Group, P.C.

For more information about this case, contact Chris Adishian:

FOR IMMEDIATE RELEASE

Former NFL player Eric Sutton sues Wal-Mart Stores, Inc.: Suit Highlights Racial and Age Discrimination, Harassment, Wrongful Termination, and Failure to Pay Wages at world’s largest retailer and world’s largest employer

EL SEGUNDO, CA (November 12, 2014)– Eric Sutton, an over 40, African-American, filed suit this month in Los Angeles Superior Court against Wal-Mart Stores, Inc., the world’s largest retailer and the world’s largest employer. Eric, a former professional football player, played in the NFL for the Washington Redskins, Philadelphia Eagles and Oakland Raiders and the CFL for the Saskatchewan Roughriders and the Calgary Stampeders.

According the suit, prior to his termination, Eric was employed as an Asset Protection Manager at Wal-Mart and earned great reviews. Eric was one of only 5 or 6 African Americans holding the title of Asset Protection Manager out of approximately 100 such positions in his region. He was also one of the oldest. Eric had interviewed to move from Asset Protection to a Shift Manager position. When they discovered his intention to move outside of Asset Protection to the Store Management track, his white supervisors “questioned him as to why he had …applied for the position of Shift Manager.”

The Complaint goes on to allege that on September 30, 2014, a shoplifting suspect attempting to flee the store pushed one of Eric’s security team members, started a brawl and proceeded to make threats against Wal-Mart employees, including “physically attacking the guards and biting one of them.” Eric “called the South Gate Police Department and advised his three security team members to disengage”, but the shoplifter continued to fight until “the arrival of the South Gate Police Department Officers.”

As alleged, an all-white management team conducted a purported “investigation.” The suit goes on to allege that during this purported “investigation” one of the white managers “demanded that her subordinates…alter their statements to falsely state that Plaintiff did NOT tell his team to disengage.” Wal-Mart fired Eric with none of the standard progressive discipline – despite a history of positive performance reviews — replaced him with a “younger, white individual” and further violated California Labor Law by failing to pay Eric all amounts due to him on the date of his termination.

“Eric was a model employee, and apparently even truthfully testified for Wal-Mart, Inc. in some of its union related matters. It appears that this Wal-Mart store is out of control, and the stated reason for Eric’s termination is just a pretext. We’re eager to commence formal discovery,” states Chris Adishian, attorney at Adishian Law Group.

The lawsuit, filed in Los Angeles Superior Court, alleges discrimination, harassment, wrongful termination, and failure to pay wages and seeks damages for lost wages, benefits and career opportunities, emotional distress, special damages, punitive damages, and attorneys’ fees and costs. Wal-Mart has since removed the case to the United States Federal District Court, Central District of California in Los Angeles. Click here for a copy of the Complaint.

About Adishian Law Group, P.C.

Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of June 2014, the firm has represented corporate and individual clients located across 20 California counties, 7 States outside of California and 9 foreign countries in over 380 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about this case, contact Chris Adishian:

FOR IMMEDIATE RELEASE

Sixty-one year old, African-American Director sues TIAA-CREF: Suit Highlights Racial and Age Discrimination, Harassment, and Wrongful Termination at 6^th largest financial services firm* in United States

EL SEGUNDO, CA (October 23, 2014) — Curtis Monk, Jr., a 61 year old African American, filed suit this month in San Francisco Superior Court against Teachers Insurance And Annuity Association Of America (TIAA-CREF), one of the largest financial institutions in America, which traces its roots to Andrew Carnegie. The suit accuses TIAA-CREF and its subsidiary TIAA-CREF Trust Company, FSB of wrongful termination, age discrimination, racial discrimination, failure to prevent discrimination and retaliation.

According to the suit, the discrimination began after TIAA-CREF hired and promoted “former Bank of America employees ….to positions of authority” and these hires “created a culture…that devalued long term employees.” The Complaint goes on to allege that shortly after new management was installed, Curtis received a “needs improvement” on his performance review – despite exceeding his yearly sales goals by 200% and 300%. Curtis filed a complaint with TIAA-CREF’s HR department, which turned the complaint over to a line manager. The following year Curtis again exceeded his annual goal by over 200%, and again received – a “needs improvement” on his performance evaluation. He again reported his concerns, this time to TIAA-CREF’s CEO/President and VP of Human Resources, and nothing was done. The Complaint also highlights a very unusual business arrangement whereby TIAA-CREF and the TIAA-CREF Trust Company, FSB “unilaterally designated Mr. Monk as an “Officer” of the Trust Company” despite the fact that he had no “actual responsibilities, duties or knowledge” as a purported Officer.

The following year, when he inexplicably received a written warning for alleged “poor year-to-date sales results,” Curtis refused to sign it, questioning why another employee who was Caucasian had not received a warning when her year-to-date sales were lower than his. HR only told Curtis that his manager would “potentially require anger management training to control his temper and frustration”. A few months later, TIAA-CREF terminated Curtis for alleged “performance deficiencies”.

“It is a simple, and unfortunately, a common story. Curtis Monk ultimately lost his job because his new, younger, white supervisors decided he simply did not “fit the profile”. His proper complaints to management were ignored, and he was terminated,” stated Chris Adishian, attorney at Adishian Law Group, P.C. and one of the lawyers representing Curtis. “We look forward to shedding light on the facts of this case.”

The lawsuit, filed in San Francisco County Superior Court, seeks damages for lost wages, benefits and career opportunities, emotional distress, special damages, punitive damages, and attorneys’ fees and costs. Click here for a copy of the Complaint.

*Source: http://www.ffiec.gov/nicpubweb/nicweb/top50form.aspx and TIAA-CREF website stating $844 billion of assets under management

About Adishian Law Group, P.C.

Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of June 2014, the firm has represented corporate and individual clients located across 20 California counties, 7 States outside of California and 9 foreign countries in over 380 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.

For more information about press release, contact Chris Adishian: