Case details
Server claimed she was fired for asking for pregnancy leave
SUMMARY
$150000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
FACTS
In October 2010, plaintiff Amy Moore, a server at a golf club restaurant in her 30s, alerted her employer, JMK Golf LLC, that she was pregnant and requested pregnancy leave from June 10, 2011, through Sept. 6, 2011. She was subsequently granted the leave. However, on May 31, 2011, prior to beginning her pregnancy leave, Moore was terminated from employment. According to JMK, the termination was a result of Moore not charging two drinks and a pack of cigarettes the day prior. Moore sued JMK Golf LLC, alleging the defendant’s actions constituted wrongful termination and pregnancy discrimination. She also alleged the defendant committed wages and hours violations. Moore claimed that while her pregnancy leave request was granted, JMK used the incident involving the two drinks and cigarettes on May 30, 2011, as an excuse to fire her. She alleged that the incident was inadvertent and that her termination was an adverse reaction related to her request for pregnancy leave. In addition, Moore claimed she did not receive certain overtime and meal-period wages during her two years of employment. JMK denied Moore’s accusations, claiming that Moore was terminated for the incident on May 30, 2011, and that she was not being discriminated against due to her pregnancy. It also denied Moore’s claim of unpaid overtime and meal-period wages., Moore sought recovery of $52,000 in damages for her past lost earnings. However, she did not seek future lost wages, claiming she has since found new employment. Moore also sought recovery of $3,978 in unpaid overtime wages and $3,912 in unpaid meal-period wages since the start of her employment in June 2009. In addition, Moore sought recovery of an unspecified amount of general and punitive damages. Defense counsel argued that Moore was terminated for legitimate business reasons and was owed zero damages.
COURT
Superior Court of San Benito County, Hollister, CA
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