Case details

Server claimed she was fired for making wage violation complaints

SUMMARY

$45000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, sexual harassment
FACTS
On Jan. 4, 2014, plaintiff Arlis Villalta, a 23-year-old server who recently learned that she was pregnant, was terminated from her position at Leonardo’s Restaurant in Los Angeles, where she had worked since April 2011. Villalta claimed that she was wrongfully terminated for complaining about wage violations and sexual harassment, and because she had a pregnancy-related disability. Villalta sued Leonardo’s Restaurant Inc.; the restaurant’s owner, Leonardo Lopez; and one of the restaurant’s supervisors, Gil Lopez, who was the alleged sexual harasser. Villalta also sued a number of entities that were affiliated with Leonardo’s Restaurant and/or were the restaurant’s alter egos, including La Boom Inc., La Noria Entertainment Inc., La Noria Inc., and Leba Inc. She also sued the restaurant’s manager, Ortega Gerardo, who allegedly told her that she had been terminated. Villalta alleged that during the 2.5 years that she worked at the restaurant, Gil Lopez subjected her to sexual harassment and the remaining defendants failed to take steps to prevent the harassment. She also alleged that after she reported her employer’s failure to pay overtime wages and complained about the harassment to an attorney (who contacted Leonardo Lopez by letter), she was intimidated and threatened by her employer. In addition, Villalta alleged that when she learned that she was pregnant one week later and disclosed the pregnancy to her employer, her hours were reduced and she was discriminated against because of her pregnancy. The claims against La Boom Inc., La Noria Inc., and Ortega Gerardo were dismissed, and the matter proceeded to a trial against the remaining defendants: Leonardo’s Restaurant Inc., Leba Inc., La Noria Entertainment Inc., Leonardo Lopez, and Gil Lopez. According to Villalta, starting in late 2011, Gil Lopez would intentionally position himself close to her so that his crotch would touch/brush up against her body. She also claimed that Gil Lopez would lick his lips while making suggestive remarks about his shoe size. She further claimed that Gil Lopez would make comments to her about a customer’s breasts and body, and ask her if she wanted to see how a “real man feels.” Villalta alleged that in July 2013, Gil Lopez grabbed her hand and the hand of another waitress, and pulled them toward the wine cellar room and that he then laughed at her when she told him he hurt her hand. Villalta also alleged that, on another occasion, while she was making drinks behind the bar, Gil Lopez grabbed her hand and placed it over his crotch on his erect penis. Shortly thereafter, Villalta contacted an attorney about the alleged sexual harassment that she was experiencing. She also reported that she had not been properly paid for the scheduled overtime hours that she worked at both Leonardo’s Restaurant and at an affiliate concession stand at the Pico Rivera Sports Arena, which was controlled by Leba Inc. Villalta claimed that after she finished her normal shift at the restaurant, she would be expected to work at the concession stand, but did not receive pay for the additional hours that she worked. Villalta contended that when her attorney sent Leonardo Lopez a letter on Oct. 20, 2013, requesting her personnel file, Leonardo Lopez yelled at her. She also contended that Leonard Lopez intimidated her when she told him that she had problems with Gil Lopez, who was Leonardo Lopez’s cousin. However, plaintiff’s counsel argued that the defendants failed to investigate and correct the sexual harassment that Villalta was experiencing. Plaintiff’s counsel contended that when Villalta learned that she was pregnant, she drove to work and submitted a doctor’s note excusing her from work for one week. However, counsel argued that after learning of the pregnancy, the defendants drastically reduced Villalta’s hourly work schedule. Specifically, plaintiff’s counsel noted that in 2011, Villalta worked an average of 17.68 hours per week; that in 2012, Villalta worked an average of 18.7 hours per week; and that from January 2013 to Oct. 20, 2013, Villalta worked an average of 18.48 hours per week. However, counsel contended that after the defendants learned that Villalta was pregnant, Villalta only worked an average of 8.82 hours per week (excluding the week that she did not work) from Oct. 21, 2013 to the date that she was terminated, on Jan. 4, 2014. In addition, plaintiff’s counsel argued that the defendants doctored the time sheets and schedules from the weeks that Villalta’s hours were cut to make it look like she was a “no show.” Defense counsel argued that Villalta was terminated because she failed to show up for a full week of work without giving notice of her absence. The defendants also denied doctoring the time sheets, and claimed that they shaded/marked up Villalta’s shift on the schedule to indicate that Villalta did not show up for work and/or was not coming in. Defense counsel further maintained that the defendants conducted an internal investigation of Villalta’s sexual harassment claims against Gil Lopez and found that Villalta’s stories were inconsistent and had been fabricated. Thus, defense counsel argued that Villalta’s claims were all fabricated, and that Villalta had failed to prove her claims or produce witnesses to verify her claims., Villalta claimed that she suffered emotional distress and depression as a result of her treatment at the restaurant and her termination. However, she admitted that she was less depressed at the time of trial than she was immediately following the incidents at the restaurant. The plaintiff’s psychology expert testified that while Villalta’s mental condition appeared to have improved, Villalta’s termination could have triggered her depression and that the harassment could have caused anxiety about being alone with Gil Lopez. Defense counsel denied the employer’s treatment caused Villalta to be depressed, and argued that Villalta invented her symptoms.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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