Case details

Plaintiff claimed owner knew wages were underpaid

SUMMARY

$90809.83

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In July 2017, plaintiff William Ortega, a kitchen assistant in his 20s, worked for The Kirin Hut, in Lancaster. He claimed that he was underpaid for his services and was refused breaks and lunches, but that when he complained of the violations, he was taken off schedule for weeks in November 2017 and his hours were reduced to three-quarters of the time he had worked on his previous schedule. Ortega claimed he was thereby forced to leave his position in mid-February 2018. Ortega sued The Kirin Hut Inc., alleging that The Kirin Hut’s actions constituted a failure to pay overtime, a failure to pay minimum wage, a failure to provide meal and rest periods, a failure to pay wages due on termination (resulting in waiting time penalties), a failure to issue accurate itemized wage statements, and retaliation in violation of Labor Code § 98.6. According to plaintiff’s counsel, the owner of The Kirin Hut admitted at trial that she knew of Ortega’s poor financial situation and knew what she was supposed to pay Ortega under the California wage and hour laws, but that she failed to provide him with the wages owed. Defense counsel contended that Ortega never complained and that The Kirin Hut was unaware of Ortega’s financial situation until it received the letter from Ortega’s attorney regarding alleged wage violations in mid-November 2017. Counsel also contended that Ortega requested the reduction in hours and that The Kirin Hut tried to pay Ortega back the wages he was allegedly owed on his last day of work but that Ortega refused the check. In response, plaintiff’s counsel contended that Ortega refused the check because it did not include all the money that Ortega was owed., Ortega claimed that he was unable to earn enough from his wages to stay working for The Kirin Hut and had to leave Lancaster, the city where he lived his entire life. He alleged that as a result, he had to leave his sister behind and relocate to El Paso for work. He also alleged he had to live with his father in Juarez, Mexico, while he worked in El Paso. Ortega sought recovery of the wages he was allegedly owed. He also sought recovery of damages for his alleged emotional distress, as well as recovery of punitive damages for the alleged conduct of the company.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case