FOR IMMEDIATE RELEASE

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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

California leave laws are complex. California leave laws are inter-related.   California leaves laws are always changing.  We receive calls all the time from our clients and potential clients asking what is the correct way to handle an employee who has requested leave or is out on leave.

This is one of the most complicated areas of California Labor Law.  Employers are obligated to provide an ever-changing array of leaves to employees who qualify. Some leaves come with job protection and some do not. On the employee side, it is important to understand your evolving rights as well. Many employees do not understand what leaves are legally available to them.

Disability claims appear to be on the rise.  In disability cases, Employers also have an obligation to make a reasonable accommodation and engage in a good faith interactive process provided that they are on notice of the disability. However, the employer is not obligated to suffer a “hardship” as a result of the proposed accommodation — and leave itself is a form of accommodation.  But how much leave is enough before you can terminate an employee? The law is not clear.

A common scenario we see is where our corporate clients find themselves in an apparent never ending “limbo” where an employee has exhausted all legally required leave, but the employee has not returned to work, and is requesting additional leave.  If they fire the employee, they could face a “retaliation” lawsuit even where they provided legally required leave.  One mediator (a retired Judge) summed it up humorously as: “Welcome to California, home of beautiful weather and [##%!] legislation.”

The best an employer can do here is to either (1)  allow the employee to remain on leave, and consult with an attorney before terminating or (2) obtain a written note from the employee’s health care provider that he or she is not able to return to work and will not be able to do so in the future.

About Adishian Law Group, P.C.

   Adishian Law Group (http://www.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 article, contact Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | Google+ | LinkedIn | Facebook | YouTube

FOR IMMEDIATE RELEASE

Puerto Rican American sues TIAA-CREF:  Suit Highlights Wrongful Termination, Race Discrimination, National Origin Discrimination, Harassment, Failure to Prevent Harassment, Retaliation, Retaliatory Discharge, Statutory Unfair Competition, Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress at one of largest financial services firms in United States

EL SEGUNDO, CA (June 17, 2016) — Rafael Rivera Luciano, a Puerto Rican 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 of wrongful termination, race discrimination, national origin discrimination, harassment, failure to prevent harassment, retaliation, retaliatory discharge, statutory unfair competition, intentional infliction of emotional distress and negligent infliction of emotional distress.

According to the suit, the discrimination commenced shortly after Rafael began his employment with TIAA-CREF.  Rafael was employed on the California’s 529 college savings plan (“ScholarShare”).  In this position, the Complaint alleges that his former supervisor subjected him to pervasive and ongoing harassment, abusive conduct and racist slurs.  According to the Complaint, his supervisor “referred to Rafael as “McFly”, a demeaning term meant to insult one’s intelligence if the connection is made to the movie “Back to the Future”.   This same supervisor “threatened to “send [Rafael] back to Mexico” if Rafael did not open more accounts in his San Diego territory.”  When Rafael properly complained he was told that “Ralph can be a bit rough on the edges”.

Per the Complaint Rafael’s supervisor was finally terminated.  Almost simultaneously, Rafael received a written warning, stating that he was being disciplined for “failing to conduct [himself] in a manner that is consistent with TIAA’s values.” Rafael responded by requesting specific instances of when his “values” fell short. He never got a response.  He was terminated about 15 months later.

“Rafael’s proper complaints to management were ignored, and he was terminated.  We look forward to commencing discovery to determine whether the stated reasons for Rafael’s termination were simply a pretext for unlawful and wrongful conduct.  We’re interested to learn if one the State of California prime vendors is violating California statute, case law and public policy while profiting from its citizens.” stated Chris Adishian, attorney at Adishian Law Group, P.C. and one of the lawyers representing Rafael.  “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.

About Adishian Law Group, P.C.

   Adishian Law Group (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw | LinkedIn | Facebook | YouTube

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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @algpc | LinkedIn | Facebook | YouTube

FOR IMMEDIATE RELEASE

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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlawLinkedIn | Facebook | YouTube

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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw  | LinkedIn | Facebook | YouTube

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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @adishianlaw  | LinkedIn | Facebook | YouTube

FOR IMMEDIATE RELEASE

Sixty-one year old, African-American Director sues TIAA-CREF:  Suit Highlights Racial and Age Discrimination, Harassment, and Wrongful Termination at 6th 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 (http://www.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:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @algpc | LinkedIn | Facebook | YouTube

FOR IMMEDIATE RELEASE

Former Senior Director Sues Burr Pilger Mayer, Inc. (BPM):  Suit Highlights Retaliation, Gender Discrimination, and Failure to Pay Wages at the “largest California-based accounting and consulting firm”

EL SEGUNDO, CA (October 10, 2014)— Sandy Holder, one of the top professional service business development executives in Northern California, recently filed a lawsuit against Burr Pilger Mayer, Inc. (BPM), where she previously held the position of Senior Director, Business Development, with a focus on the SEC practice, which BPM’s website claims is “one of the largest in the U.S.”

Sandy came to BPM with an established track record of rapidly growing client bases and revenue for her employers – having held senior positions at PwC and Grant Thornton.  According to the lawsuit, just five months after Sandy joined BPM, BPM attempted to materially alter Sandy’s commission structure by seeking to (1) delay the payment date for her bonus and (2) change the payment from lump sum to being spread out over a number of months.  Less than a year later, when her first full year bonus was due, BPM’s CEO, Curtis Burr, stated that rather than pay her according to her contract, the “firm wanted to pay her something that they thought was fair.”

The suit further alleges that Sandy was subject to intimidating, threatening, condescending, and dismissive conduct from BPM’s Chairman of the Board, Richard Bellucci, who ultimately retaliatorily terminated her.  According to the Complaint after a successful “CFO Wine and Dine” event hosted by Sandy on behalf of the firm, Mr. Bellucci attempted to appropriate an unopened $2,500 case of wine to take home with him.  As the wine was property of the firm, and its shareholders, Sandy objected to Bellucci’s demand.  Less than two weeks later, BPM terminated Sandy because she was allegedly not a “good fit” for the SEC Group, which is led by firm Chairman Rich Bellucci.

“While BPM’s website outwardly touts values like “Integrity” and “Respect”, the firm’s conduct as alleged in the Complaint not only lacks integrity and respect for female employees, but also lacks respect for California law and California public policy,” said  Chris Adishian, attorney at Adishian Law Group, P.C. and one of the lawyers representing Sandy.

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.

About Adishian Law Group, P.C.

Adishian Law Group (http://www.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 press release, contact Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
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