Case details
Laborer alleged celebrity event planner failed to pay overtime
SUMMARY
$134000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
anxiety, depression, emotional distress, insomnia, mental, psychological
FACTS
In September 2015, plaintiff Silvia Garcia, a laborer in her 30s, was working at a large wedding in Beverly Hills when she was terminated from her employment in front of a large number of people. Garcia claimed that she was humiliated and wrongfully terminated from LA Premier, a company that provided décor, flowers and events planning for a number of celebrities, as well as provided flower arrangements for the Emmys, Grammys and Oscars. She also claimed that, during the 4.5 years she worked for LA Premier, she was not paid appropriate rates or provided adequate rest breaks. Garcia sued the executive events producer for LA Premier, Kevin Lee; Lee’s business partner, the president of LA Premier, Nicole Suh; and the believed operators of LA Premier, Heygrand Inc. and LA Premier Inc. Garcia alleged that the defendants’ actions constituted violations of the California Labor Code and the Fair Employment and Housing Act. Junhee Suh was also named as a defendant, but he, as well as Nicole Suh, filed for bankruptcy and were let out of the case. In addition, Heygrand and LA Premier were dismissed form the case. As a result, the matter continued against Lee only. Garcia, who was originally from Mexico, claimed that she worked for Lee for 4.5 years and that, during that time, she largely performed manual labor but was also involved in creative projects. She claimed that, during that time, she was only paid in cash and was never paid the appropriate rate for working overtime. She also claimed that she was not allowed to take lunch breaks and that if she was allowed a break, it was not timely. She further claimed that she was never given pay stubs and that no taxes were withheld. Garcia claimed that, in September 2015, Lee’s company was working on a big wedding in Beverly Hills and that, because of the event, she was working 15-hour days. She claimed that when she complained to Lee about carrying heavy items while working with a previous knee injury, Lee yelled at her in front of others, accusing her of complaining too much, and told her to go back to her own country. Garcia claimed that Lee pulled out a $100 bill, threw it at her and continued to disparage her. She further claimed that Lee eventually threw another $100 bill at her and told her, in front of a large number of people, that she was fired. Lee claimed that Garcia was not his employee and that Garcia, instead, worked for Suh, with whom he sub-contracted. He claimed that he operated independently as the special event consultant for LA Premier., Garcia claimed that she was humiliated and shocked by Lee’s actions. She claimed that she became depressed and anxious as a result of the incident and that she suffered sleeplessness over whether she would find another job, as she had a young child at home. Garcia was eventually able to obtain another job working at a flower shop. Garcia sought recovery of damages for her emotional pain and suffering. She also sought recovery of lost wages as a result of her termination, and allegedly not being paid the appropriate rate, not being provided rest breaks and not being paid for overtime despite working 15-hour days.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- loss of
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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