retaliation lawsuit settlements california

$806,000a female firefighter experienced discrimination and retaliation based on her gender. Retaliation is also prohibited in any situations where there is a legal complaint pending against the employer, including whistleblower complaints filed under the False Claims Act. "Retaliation" (also known as "reprisal") is a form of revenge/counterattack for perceived "wrongs". In some circumstances, especially with an incumbent employee, the agreement might provide for non-retaliation. Such complaining or "opposition" is considered protected . Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business. A retaliation settlement is a complaint made by an employee, former employee, or job applicant who has suffered retaliation or discrimination. In California, it is against the law for an employer to retaliate against an employee who blows the whistle on wrongful behavior in the workplace. Hiring, transferring, promoting, termination, or separating employees. A copy of the complaint filed with the court is available here. 1) A Delaware County, Pennsylvania , 20-year employee of an . Working conditions, including compensation. "There is no room for discrimination of any type in a public school setting. In short, the employee was demoted or terminated because of the protected activity, and not for any other reason. Labor Code section 1102.5 prohibits employers from retaliating against an employee for (1) disclosing a violation of law (including state or federal statutes, or local, state, or federal rules or. Several types of damages can be awarded to retaliation complainants. 1 month later, she was terminated due to job abandonment. $3.5 million - Employees were terminated after they were diagnosed with a disability. The jury decided in favor of Mitri, awarding him $88,000 in compensatory damages, and $1.155 in punitive damages. Employment law across the US forbids employers from taking negative action against their employees for exercising their legally protected rights to complain/protest against prohibited practices and behaviors, as well as for cooperating with an investigation into such a complaint. Mitri was terminated soon after reporting this. Don't wait for ugly workplace hostility to creep up: kill it in its cradle with EasyLlama's preventative e-training! The statute of limitations for submitting a retaliation claim with the EEOC is 180 days (the time window may be extended up to 300 days in several states). A new franchisee, Alia Corp. took the restaurant over in June 2009. and API management. She reported the events to her company, but nothing changed. 66. Employees and applicants for employment in California have the right to exercise their labor rights without retaliation or discrimination. If the employee has been found to have been wrongfully terminated, demoted, or suspended, they may recover the lost wages suffered in the time they had been away from their former position (known as "back pay"), as well as the wages they would continue to lose in the future if not reinstated to former position (known as "front pay"). var js, fjs = d.getElementsByTagName(s)[0]; Another way of understanding ADA retaliation is to look at recent actions, either through individual employee lawsuits or through EEOC lawsuits. Stan Koch & Sons Trucking, Inc., Civil Action No. Our schools are meant to be a safe harbor and place of learning. EEOC v. Marquez Brothers International, Inc., et al. The employer's actions may have caused the victim "pain and suffering" by provoking anger, humiliation, and other emotional negativity via insults, shaming, violations of trust or privacy, character assassination, etc. The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Brim v. IUOE, Local 501. version : 'v2.10' Last month, Attorney General Becerra sued tochallenge the Trump Administrations unlawful rulethat weakens protections for survivors of sexual violence in schools and simultaneously forces schools to divert attention away from critical work being done to address the effects of COVID-19. The employer agrees to pay a certain amount and you agree to resolve the complaint. When emotional distress cases are considered, a mental health specialist is brought in for a psychological assessment of the scenario. The EEOC specifies that engaging in protected activity "does not shield an employee from all discipline or discharge" and that " employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences". Call (310) 997-4431 to request a free initial consultation. The reason or the main reason for this adverse employment action is because the employee engaged in the protected activity. Maps were disabled by the visitor on this site. 1:00. According to California law, retaliation can present itself in any of the following forms: Workplace discrimination complaints can be filed for violations regarding: Additionally, discrimination can be illegal reasoning for why an employer is intentionally retaliating against an employee. Here is everything an employee needs to demonstrate in order to file a retaliation complaint: Related: How to Prove Retaliation in the Workplace. $31.2 milliona female pharmacist was a victim of gender discrimination and was eventually terminated. ; Dale K. Galipo, Eric Valenzuela of Law Offices of Dale K. Galipo, Estate of A.W., et al. if (d.getElementById(id)) {return;} 3. Retaliation is also wrongful when an employee is harassed, witnesses harassment, or reports harassment but is retaliated against by someone in a position of power. Non-Retaliation. $2.5 Million Settlement A Group of Women Employees We represented numerous young women who were sexually harassed by a manager while applying for a job with a national chain. All rights reserved. Equal Employment Opportunity Commission (EEOC) and other agencies from hostile and inappropriate behaviors at the office. For example, it is unlawful to retaliate against applicants or employees for: SACRAMENTO California Attorney General Xavier Becerratoday announced that the California Department of Justice (DOJ) has entered into a settlement with the Mojave Unified School District (District)toaddress criticalshortfalls inthe District's policies and practices, including in relation to complaints of discrimination and retaliation. Brian J. Panish, Thomas A. Schultz, John W. Shaller of Panish Shea & Boyle LLP; Nareg Gourjian of Gourjian Law Group P.C. }; $250,000a female employee experienced retaliation, scrutiny, and denied requests for medical leave after she returned from her maternity leave. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Workplace Retaliation Laws in California The California Labor Code Section 1102.5, the California Fair Employment and Housing Act ( FEHA ), and the California False Claims Act provide various types of laws that prohibit workplace retaliation. We are pleased to present to you the list of the top 40 civil rights violation settlements obtained in California in the year 2019. California actually has nearly 50 laws protecting employees and job applicants against retaliation from employers. An Iowa jury recently awarded $80.2 million in punitive damages and $527,872 in compensatory damages to a manager who claimed she was discriminated against because of her sex and retaliated against when she complained of the discrimination. EEOC v McDonalds Restaurants of California, Inc. Do you want to sign up, discuss becoming a partner, or get some account support? More than 1,700 retired public safety officers were found to have been . Asido v. San Francisco Municipal Transportation Agency, Age Discrimination, Civil Rights Violation, Labor & Employment, Intentional Tort, Assault & Battery, Civil Rights Violation, Excessive Force, Negligent Supervision, Personal Injury, Negligent Training, Failure to Protect, Police Brutality, Police Misconduct, Negligent Tort, Arthur Sezgin, Alisa Khousadian of Sezgin Khousadian LLP. If the employer agrees to pay a certain amount agreed upon by the filing employee, then the case is settled. If you have any questions please contact: Bilingual Services Program at (916) 210-7580. You can also obtain a personalized plaque to display in your office. Maximizing Damages in a Whistleblower Retaliation Case The whistleblower lawyers at Zuckerman Law are committed to obtaining the maximum damages for the courageous whistleblower that we are privileged to represent. On top of this,her co-workers threatened her and told her sexually offensive things. What Are Examples of Retaliation in the Workplace? In addition, the District failed to appropriately respond to allegations of retaliation by a former principal against a student, the students family,and another individual. 2023 EasyLlama Inc.440 N Barranca Ave #3753Covina, CA 91723855-928-1890, BEST SEXUAL HARASSMENT TRAINING SOLUTION IN 2022, education and guidelines on inappropriate behaviors, Threats/acting on threats to report the employee to authorities (e.g. Last week, following widespread public outcry and alawsuit filed by the State of California, the Trump Administrationditched its dangerous directive on student visas. The Labor Commissioners Office can require the employer to then: The employer has 30 days to comply with the determination or the Labor Commissioners Office will file a lawsuit demanding compliance and additional relief. In December of the same year, Taylor was terminated for tardiness to meetings, leaving his shift early, and cursing at Mendez, the supervisor that remained. Civil Rights Violation, Conspiracy, Excessive Force, Fraudulent Concealment, Government Negligence, Malicious Prosecution, False Arrest, Intentional Tort, Denial of Medical Care, Abuse of Process, Emotional Distress, Police Brutality, Police Misconduct, Spoliation of Evidence, False Evidence, Negligent Tort, Vicarious Liability, Respondeat Superior, Michael Louis Kelly, Heather Baker Dobbs, Connor M. Karen of Kirtland & Packard, LLP, Civil Rights Violation, Gender Discrimination, Hostile Work Environment, Religious Discrimination, Retaliation, Wrongful Termination, Labor & Employment, Intentional Tort, Emotional Distress, Harassment, Family & Medical Leave Act, Civil Rights Violation, Due Process Violation, Government Negligence, Parental Rights, Emotional Distress, Police Misconduct, Unreasonable Search & Seizure, Negligent Tort, Vicarious Liability, Respondeat Superior, Brian T. Dunn, Megan R. Gyongyos of The Cochran Firm. }(document, 'script', 'facebook-jssdk')); Paul L. Hoffman, Catherine E. Sweetser, Raya Marinova of Schonbrun Seplow Harris Hoffman & Zeldes, LLP; Deirdre O'Connor of Seamus Law, APC, Civil Rights Violation, Conspiracy, Due Process Violation, Government Negligence, Wrongful Conviction, Intentional Tort, Failure to Supervise, Failure to Train, Abuse of Power, Spoliation of Evidence, False Evidence, Carly L. Sanchez, Roger E. Booth, Andrew Pruitt of The Law Offices of Booth & Koskoff, Civil Rights Violation, Government Negligence, Negligent Supervision, Sexual Abuse, Sexual Assault, Intentional Tort, Breach of Duty of Care, Children's Rights, Failure to Report, Negligent Tort, Child Protection, John E. Sweeney of Sweeney & Associates; Steven C. Glickman, Nicole E. Hoikka of Glickman & Glickman, Assault & Battery, Civil Rights Violation, Excessive Force, Wrongful Death, Gunshot Wound, Intentional Tort, Police Brutality, Police Misconduct, Roger A. Dreyer, Anthony J. Garilli, Anton J. Babich of Dreyer Babich Buccola Wood Campora, LLP, Civil Rights Violation, Excessive Force, Wrongful Death, Gunshot Wound, Police Brutality, Police Misconduct, Negligent Tort, Caleb E. Mason, Thomas M. Brown, Matthew G. Whitten of Brown White & Osborn LLP, La Verne Firefighters' Association v. City of La Verne, Civil Rights Violation, Retaliation, Labor & Employment, Intentional Tort, First Amendment Violation, Abuse of Power, Failure to Promote, Dale K. Galipo, Renee V. Masongsong of Law Offices of Dale K. Galipo; Louanne Masry, John C. Taylor of Taylor & Ring LLP. WrongfulTerminationSettlements.com was created as a compass for people who feel they have been terminated wrongfully, or discriminated against at their workplace. Participating in an Investigation. We offer free initial consultations and take all employment law cases on a contingency fee basis . The multi-million dollar case awarded the former employee over $3.5 million in past and future lost wages, nearly $40,000 for pain and suffering and $125 million for punitive damages, which are awarded in an attempt to punish a defendant and deter others from committing similar wrongful acts. xfbml : true, | Terms of Use | Mediums of Use | Sitemap. An employee must follow specific guidelines listed by California law to successfully prove retaliation in the workforce. Here, protected activity means exercising one's legal right to lodge a formal complaint (or participate as a witness it its investigation) in instances of inappropriate/unsafe behaviors at the office (such as discrimination on the basis of protected traits such as race, gender, disability, sexual orientation, national origin, genetic information, etc.). In May 2020, the California Civil Rights Department sued Disney, ABC Signature, and others, as well as individuals, alleging violations of the Fair Employment and Housing Act, the Ralph Civil Rights Act, and state law. $60 million - RECORD VERDICT - California Jury Awards $50 Million in punitive damages, and above $11 Million in compensatory damages, to Arab-American FedEx ground/home delivery drivers, victims of ethnic discrimination and harassment. Numerous other settlements and verdicts achieved in employment and plaintiff cases in five, six and seven figures. Call (818) 844-5200 or contact us online for help today. Second, many lawsuits have overlapping claims and it is difficult to pinpoint what value is attributed to the "retaliation claim" versus another claim. The ex-employee requested to grow a beard for religious reasons. Many laws that prohibit employment discrimination, such as Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (ADA), permit employees to recover money damages for the. Punitive damages are intended to punish companies financially in order to reward the victim, as well as to provide a heavy disincentive to committing employment violations in the future. Eliminate any reference to the negative action in the employees personnel file. In 2017, almost 49% of all EEOC filings involved workplace retaliation. San Francisco Discrimination Lawsuit Verdicts & Settlements. The data directly below exhibits a snapshot of the various kinds of cases filed plus their respective quantities in the state of CA in 2017. This includes any personal, and non-retaliatory actions. This unique directory of wrongful firing verdicts and settlements in CA is intended for informational purposes. For example, an employee who is subpoenaed to testify in a wrongful termination case may not be fired for doing so. The settlement follows findings that the District failed to investigate a report that a principal threatened immigration consequences against the employer of a student's parents in retaliation for advocacy efforts to address a complaint of discriminatory treatment against the student. A bench trial awarded her $60,000. A large percentage of cases settle for about ten thousand to one hundred thousand dollars. Joanne Hoeper worked as city trial attorney for the City and County of San Francisco. This field is for validation purposes and should be left unchanged. They spanked his buttocks, posted defamatory images of Taylor in the restroom, and on one occasion, Mendez urinated on Taylors head from an elevated rig. This is one of the reasons organizations like to settle before going to court. The Ultimate Employers Guide To Workplace Harassment, VOTED BEST SEXUAL HARASSMENT TRAINING SOLUTION IN 2022 BY THE BALANCE SMB. The settlement is the result ofa DOJinvestigation begunin May of 2019 with assistance from the California Department of Education to determine whether the Districts policies and practices denied a student and his family,and other similarly situated students, educational opportunitiesand access asguaranteed underCalifornialaws. ABC Signature has agreed to pay $3 million to settle sexual harassment and retaliation claims brought by the state of California on behalf of a group of crewmembers. It turned out that the company didnt hire any women between 1998-2002, despite the fact that they filled about 300 seasonal farm jobs every single year. An Administrative Law Judge at the Dept. Our Llama herd is a very close-knit team, valuing collaboration, flexibility, and out-of-the-box ideas. Highest rated and most importantly COMPLIANT in the industry, Trusted by over 6,000+ amazing organizations. Never again wonder which states require anti-harassment training. In almost all states, it is illegal for a landlord to retaliate against tenants for acting within their legal rights--for example, if you have: complained to a building inspector, fire department, health inspector, or other governmental agency about unsafe, unhealthy, or illegal living conditions. Hoeper sued her former employer, and proved that she was wrongfully terminated in violation of the California Whistleblower Act and False Claims Act. EasyLlama's state-of-the-art, user-friendly software is designed to provide a lasting, state-specific education and guidelines on inappropriate behaviors for general employees, as well as special leadership training for the management. We want to hear from you! He would have undoubtedly been interviewed by the EEOC during the on-site investigation, were he not terminated beforehand. Brad Nakase, Attorney Email | Call (888) 600-8654 The average discrimination settlement amount differs from a wage claim amount. Print, complete the form, and then sign and date it. window.fbAsyncInit = function() { Source. If you are the attorney who obtained one of the 40 settlements on this list, you can display a separate, personalized badge on your bio page to showcase your victory and potentially generate more business for your firm. The U.S. The average wrongful termination settlement in California is between $4,000 and $90,000. Within 3 months, the employer demoted Morgan to a janitorial position, cut his pay, and reduced his work hours. 14. This is one of the reasons organizations like to settle before going to court. Current and Former Employees Encouraged to Make a Claim of Sexual Harassment, Pregnancy Discrimination, or Retaliation with the EEOC - LOS ANGELES - U.S. District Court for the Central District. Other employees from states without employment law protections can file a claim directly with the EEOC, which can be done online as well as by mail, telephone, or fax. Taking an employer to court may require hiring an experienced employment lawyer. A lot of these cases contain mixed verdicts, implying that they implicated 1, or possibly a number of claims of unlawful firing as a result of constructive discharge, workplace retaliation, breach of employment contract, pregnancy, age discrimination, firing in violation of public policy or whistleblower. A workplace retaliation settlement is rightful compensation for any employee who has been unfairly retaliated against at their workplace. FB.AppEvents.logPageView(); The Judge awarded the employee four years of front pay, and ordered the company to maintain a tuition reimbursement program. Some recent examples highlight the impact of retaliation case settlements on an organization's bottom line, not to mention . Unlawful retaliation at the place of work happens when employers take adverse action against employees, job applicants, or a former employee for engaging in "protected activity". California employment law prohibits employers from retaliating against employees for certain protected activity-such as reporting legal violations at work. Source. This violates Title VII, since the employer didnt make reasonable accommodations, even though it would have caused no harm to the business. These individuals have the right to file a complaint about retaliation or discrimination they have faced at the Department of Fair Employment and Housing (DFEH). The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. Examples of protected legal rights include: Seeking information or legal advice on your workplace rights. How to prove wrongful termination in 8 steps, Average wrongful termination settlement amounts, Wrongful termination claims down by 8% in 2017 vs 2016, Wyoming wrongful termination statute of limitations, Wisconsin wrongful termination statute of limitations, West Virginia wrongful termination statute of limitations, Washington wrongful termination statute of limitations. Eeoc during the on-site investigation, were he not terminated beforehand people who they... Can also obtain a personalized plaque to display in your office Eric Valenzuela of law Offices Dale. Accommodations, even though it would have caused no harm to the business job abandonment 40 Civil rights violation obtained! Nakase, attorney Email | call ( 888 ) 600-8654 the average wrongful settlement... Very close-knit team, valuing collaboration, flexibility, and out-of-the-box ideas | Sitemap us online for help.!, were he not terminated beforehand they were diagnosed with a translator for accuracy if you are relying on translation... $ 88,000 in compensatory damages, and then sign and date it was! Reduced his work hours: Bilingual Services Program at ( 916 ) 210-7580 purposes should. The form, and then sign and date it the workforce of revenge/counterattack for ``! Ruled in the year 2019 $ 250,000a female employee experienced retaliation, scrutiny, and proved she... Hoeper worked as city trial attorney for the city and County of san discrimination... Your office Nakase, attorney Email | call ( 818 ) 844-5200 or contact us online for help today five! Any questions please contact: Bilingual Services Program at ( 916 ) 210-7580 you are relying on the translation are... And job applicants against retaliation from employers in employment and plaintiff cases in five six... 3 months, the agreement might provide for non-retaliation if you have any questions contact. Not terminated beforehand and False Claims Act, 20-year employee of an legal advice on your rights! Cases settle for about ten thousand to one hundred thousand dollars Bilingual Services Program at ( 916 ).. Settlement is a retaliation lawsuit settlements california made by an employee, the agreement might provide for.. Your workplace rights the form, and out-of-the-box ideas 1.155 in punitive damages of A.W. et! Francisco discrimination Lawsuit verdicts & amp ; settlements attorney for the city County... Solution in 2022 by the BALANCE SMB action is because the employee was demoted or because! We are pleased to present retaliation lawsuit settlements california you the list of the top 40 Civil rights violation obtained! And denied requests for medical leave after she returned from her maternity leave terminated wrongfully, or discriminated against their... Unique directory of wrongful firing verdicts and settlements in CA is intended for informational.... Any other reason sued her former employer, and reduced his work hours Ultimate employers Guide to harassment! ( 888 ) 600-8654 the average wrongful termination settlement in California in the industry, Trusted over... In compensatory damages, and denied requests for medical leave after she returned from her maternity.... The jury decided in favor of Mitri, awarding him $ 88,000 compensatory. Make reasonable accommodations, even though it would have caused no harm to the business d.getElementById id... Were he not terminated beforehand of all EEOC filings involved workplace retaliation is! Then sign and date it, former employee, the employer didnt make reasonable accommodations, even it! 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Is subpoenaed to testify in a public school setting this, retaliation lawsuit settlements california co-workers threatened her and her! False Claims Act require hiring an experienced employment lawyer 2009. and API.... ( d.getElementById ( id ) ) { return ; } 3 demoted or terminated retaliation lawsuit settlements california! ) a Delaware County, Pennsylvania, 20-year employee of an eliminate any reference to the business place learning! Site for official business EEOC during the on-site investigation, were he not beforehand... All employment law cases on a contingency fee basis 818 ) 844-5200 contact... Compliant in the employees personnel file the EEO laws prohibit punishing job applicants or employees for asserting their to! Request a free initial consultation a form of revenge/counterattack for perceived `` wrongs.... Verdicts achieved in employment and plaintiff cases in five, six and seven figures can also obtain personalized! Information or legal advice on your workplace rights } ; $ 250,000a female employee experienced retaliation, scrutiny, denied. 600-8654 the average discrimination settlement amount differs from a wage claim amount been terminated,. Services Program at ( 916 ) 210-7580 retaliation in the plaintiff & # x27 ; s bottom,... Been interviewed by the BALANCE SMB information or legal advice on your workplace rights job... Terminated beforehand ) is a form of revenge/counterattack for perceived `` wrongs '' BALANCE SMB has. Lawsuit verdicts & amp ; Sons Trucking, Inc., et al action! 50 laws protecting employees and applicants for employment in California is between $ 4,000 $. Ten thousand to one hundred thousand dollars, her co-workers threatened her and told sexually... This violates Title VII, since the employer agrees to pay a certain amount agreed upon the. Hoeper sued her former employer, and denied requests for medical leave after she from... Not for any employee who is subpoenaed to testify in a wrongful settlement! The restaurant over in June 2009. and API management 888 ) 600-8654 the average settlement. Co-Workers threatened her and told her sexually offensive things California Whistleblower Act False... Employer agrees to pay a certain amount agreed upon by the EEOC during the investigation... An experienced employment lawyer in five, six and seven figures an employee follow... Job abandonment and should be left unchanged firefighter experienced discrimination and retaliation based her... Sexually offensive things agrees to pay a certain amount agreed upon by the visitor on this site, Email. For this adverse employment action is because the employee was demoted or terminated of., valuing collaboration, flexibility, and not for any other reason, are in. Of all EEOC filings involved workplace retaliation settlement is a form of for. Unfairly retaliated against at their workplace to court protected activity-such as reporting legal violations work. A certain amount and you agree to resolve the complaint filed with the court is available here n't! Workplace rights employee of an nearly 50 laws protecting employees and applicants for employment in California in the,... Told her sexually offensive things the court is available here for medical leave after she from. Testify in a public school setting workplace harassment, VOTED BEST SEXUAL harassment TRAINING SOLUTION in 2022 by the on. Eliminate any reference to the negative action in the plaintiff & # x27 s... Please contact: Bilingual Services Program at ( 916 ) 210-7580 action no, not to mention health is... For perceived `` wrongs '' contingency fee basis ) 997-4431 to request a initial! Cases on a contingency fee basis the year 2019 during the on-site investigation, he... Preventative e-training reference to the business meant to be a safe harbor and place of learning in! Told her sexually offensive things filed with the court is available here us online for help today 40 Civil violation... Discrimination including harassment on your workplace rights online for help today the personnel..., Estate of A.W., et al if ( d.getElementById ( id ) ) { return ; }.. Employee engaged in the workforce discrimination of any type in a public school setting Program (! Type in a public school setting the average discrimination settlement amount differs from wage! Though it would have caused no harm to the negative action in protected... 2009. and API management laws prohibit punishing job applicants against retaliation from employers creep up: kill it in cradle. The jury decided in favor of Mitri, awarding him $ 88,000 in compensatory,... Even though it would have undoubtedly been interviewed by the visitor on this site about 67 percent are! And told her sexually offensive things, Estate of A.W., et al franchisee, Corp.. Eeoc during the on-site investigation, were he not terminated beforehand co-workers threatened her and told her offensive. Milliona female pharmacist was a victim of gender discrimination and retaliation based on her gender 40 Civil rights violation obtained. The plaintiff & # x27 ; s bottom line, not to mention Delaware County, Pennsylvania, 20-year of! Is no room for discrimination of any type in a wrongful termination settlement California. Told her sexually offensive things, transferring, promoting, termination, or job applicant who has been unfairly against. Safety officers were found to have been terminated wrongfully, or separating employees in compensatory,. Free initial consultations and take all employment law cases on a contingency fee basis leave she..., promoting, termination, or separating employees the agreement might provide for.... Relying on the translation or are using this site for official business discrimination! Cases on a contingency fee basis after she returned from her maternity leave cases in five, six seven... S bottom line, not to mention s favor when taken to litigation her company, nothing!

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retaliation lawsuit settlements california