Case details

Plaintiffs: Company fired them for complaining of wages owed

SUMMARY

$11128.25

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Plaintiffs Ricardo Arreola, Shane Daunis and Matthew Gamache worked as emergency medical technicians for Bayside Medical Transportation. In late 2011, Symons Emergency Specialties Inc. purchased some assets from Bayside. Soon thereafter, Arreola, Daunis and Gamache worked for Symons Ambulance from December 2011 through early January 2012. However, they claimed they did not receive their full wages for the shifts they worked during their employment with Bayside and in early 2012, they complained to Symons management about the unpaid wages. Arreola, Daunis and Gamache claimed that as a result of their complaints, they were terminated from employment. Arreola, Daunis and Gamache sued Symons Emergency Specialties Inc., which was doing business as Symons Ambulance, alleging that Symons purchased and took over the prior company they worked for when Symons purchased assets from Bayside in late 2011. Arreola, Daunis and Gamache claimed that Symons’ violated wages and hour codes as a result of the unpaid wages, and that Symons removed them from their work schedules and terminated their employment in retaliation for complaining about the wages owed. Prior to trial, the issue of successor liability was summarily adjudicated in Symons’ favor. As a result, Arreola, Daunis and Gamache were precluded at trial from seeking unpaid wages earned during their employment with Bayside. Symons disputed the plaintiffs’ claims, claiming that it did not purchase Bayside and that the plaintiffs were not owed any damages. It also claimed that the plaintiffs were never terminated, but could not work until they spoke with the Medical Director to clear up potential issues with their eligibility as EMTs. Symons further claimed that the plaintiffs failed to follow the reasonable direction of their employer when they failed to call the Medical Director and, instead, initiated a lawsuit. In response, Arreola, Daunis and Gamache claimed that there were no issues with their eligibility to work as EMTs and that they assumed they were terminated when the Medical Director did not promptly return their calls., Arreola, Daunis and Gamache sought recovery of $1,648.25 in unpaid wages and penalties. They also sought an unspecified amount in lost wages for the time period they were unable to find new jobs after being terminated. In addition, they sought recovery of damages for their emotional distress as a result of Symons’ intentional infliction of emotional distress, as well as sought recovery of punitive damages. Defense counsel argued that the plaintiffs were removed from their work schedule for legitimate business reasons and were never terminated. Counsel also presented testimony from an expert career counselor who opined that comparable work was available to the plaintiffs at a similar salary.
COURT
Superior Court of San Diego County, San Diego, CA

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