Failure to Prevent 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:

FOR IMMEDIATE RELEASE

Female Former Director of Client Solutions Sues Digilant: Suit Highlights Disability Discrimination, Failure to Provide Accommodation, Failure to Engage in an Interactive Process, Failure to Prevent Discrimination, Retaliation, Wrongful Discharge in Violation of Public Policy and Unfair Competition.

EL SEGUNDO, CA (August 20, 2017) — Samira Judeh filed suit this month in San Francisco Superior Court against Digilant, Inc. (Digilant), a marketing technology company that assists in programmatic media buying. The suit accuses Digilant and its employees of disability discrimination, failure to provide accommodation, failure to engage in an interactive process, failure to prevent discrimination, retaliation, wrongful discharge in violation of public policy and unfair competition.

According to the Complaint, soon after learning that Samira would have to be out of the office for doctor’s appointments on a recurring basis, “Chris Cooper, Digilant’s Vice President of Sales at Digilant began harassing Samira. He was demanding, belligerent and made sarcastic comments to Samira.” Samira informed the Chief Operating Officer that Cooper was “harassing her.”. Nothing was done. Soon thereafter, Samira heard Cooper tell Digilant’s Director of Sales Accounts, “I don’t give a shit what she has going on medically. She’ s a bitch!”

In early May, Samira informed Digilant’s Chief Operating Officer him that she had “been diagnosed with a medical condition and that she would need to go to more doctor’s appointments.” Approximately three weeks later, Digilant terminated her, allegedly for the reason that there was a reduction in work force.

The lawsuit seeks damages for lost wages (front and back pay), benefits and career opportunities, special damages, punitive damages, interest and attorneys’ fees and costs. Digilant 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 what actions, if any, Digilant took once it was on notice of Samira’s medical condition to engage in a good faith interactive process with her or to provide an accommodation. We also interested to learn what steps the Company took to prevent discrimination against Samira and whether or not the Company retaliated against Samira.” says Chris Adishian.

About Adishian Law Group, P.C.

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:

FOR IMMEDIATE RELEASE

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:

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.

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: