Disability Discrimination Case Against Wells Fargo Bank for Failure to Accommodate
The Client:
An executive level employee of Wells Fargo Bank.
The Problem:
Filed suit alleging that the bank failed to transfer him to a new position after a stroke left him unable to perform his original job. This is not the first case where Wells Fargo was sued for refusing to transfer an employee to an alternate position as a form of reasonable accommodation. In fact, the leading case on this issue of law is named Jensen v. Wells Fargo. That case, which came down in December of 2000, makes clear that employees who need a new position as a result of their disability should not be forced to complete for the position and that the employer has an affirmative obligation to help locate an appropriate alternate position.
The Solution:
The Law Offices of Rebecca G. Kagin along with Jean Hyams of Levy Vinick Burrell Hyams represented the employee, negotiated a favorable settlement to compensate him for the harm he incurred — including back wages, front wages, and emotional distress.
Hardware Store Settles Case of Employee Subjected to Racial Slurs at Work
The Client:
Hispanic hardware store employee
The Problem:
A hardware store continuously subjected its employee to racial slurs and engaged in patterns of discrimination against Hispanic customers. The employee regularly complained to management of the hostile environment but the management failed to take any action. The employee ultimately resigned because he feared for his safety.
The Solution:
The Law Offices of Rebecca G. Kagin along with Darci Burrell of Levy Vinick Burrell Hyams filed a complaint against his employer in Marin County Superior Court. After our legal team brought a lawsuit to vindicate the rights of the worker to be free from discrimination and harassment based on ethnicity, we negotiated a favorable resolution for our client.
Sexual Harassment Case Against Local Card Room Settled
The Client:
Female card dealer at Bay Area card room.
The Problem:
The client alleged that she was subjected to sexually suggestive comments and gestures on a regular basis, which created a hostile work environment. She also alleged that casino management would often give preference to female employees with whom they were involved. When the client voiced her concerns to the casino’s General Manager — instead of addressing her complaints— he harassed her to go on a date with him. When the client talked to other female employees at the casino, she found that they too were subjected to the same sexually suggestive comments, innuendo, and numerous sexual entanglements between staff and management, along with sexual favoritism.
The constant harassment and toxic environment of the Casino took a toll on the client’s emotional condition and she resigned. The client asserted claims for constructive discharge, sexual harassment, the creation of a hostile work environment, and failure to reasonable steps to prevent harassment.
The Solution:
The Law Offices of Rebecca Kagin, along with co-counsel Darci Burrell and Jean Hyams of Levy Vinick Burrell Hyams filed a complaint, aggressively litigated the case in Sonoma County Superior Court, and negotiated a favorable settlement for the client to compensate her for back wages, front wages, and emotional distress.
Wage and Hour Retaliation Case Against Technology Company Settled
The Client:
Decade long employee of a technology company who had worked his way up and developed instrumental programs for the company.
The Problem:
After expressing concern about not being properly paid his commissions, he was quickly terminated and suffered significant wage loss due his termination.
The Solution:
After aggressively litigating the case in Marin County Superior Court, our team secured a favorable confidential settlement for our client.
Severance Agreements Negotiated for Employees Facing a Wide Range of Complex Issues
The Clients: CFOs, CEOs, Marketing Professionals, Customer Service Representatives, Solar Energy Professionals, Employees of Religious Entities, Administrative Assistants.
The Problem: Typically, when severance agreements are negotiated, employees are facing a wide range of issues including defamation, race discrimination, paternity leave discrimination, adoption/foster leave discrimination, sexual harassment, retaliation, elimination of position.
The Solution: We will either review a severance agreement you have been presented with, or advise you if you may be able to negotiate a severance package based on what you have experienced in your employment. We will either write a letter to or call your current or former employer, depending on your situation. We will present your claims and push for you to be paid the maximum amount possible in a pre-litigation negotiation. We will negotiate the most favorable terms possible for your severance package.
Wage and Hour Case on Behalf of Preschool Teachers Settled
The Clients:
Preschool teachers with decades long tenure at a religious school
The Problem:
After they made protected complaints regarding wage and hour violations, including denial of meal and rest periods, unpaid overtime, unpaid wages, unpaid travel time, minimum wage violations, and failure to reimburse mileage, these preschool teachers were terminated. Additionally, they were subjected to defamation following their termination.
The Solution:
The Law Offices of Rebecca G. Kagin and Jean Hyams of Levy Vinick Burrell Hyams filed a complaint in federal court on behalf of three pre-school teachers each of whom had worked for a church preschool for over a decade. After aggressively litigating the case, our team secured a favorable confidential settlement for our client.