Nearly a year after the filing of her wrongful termination case, a former employee at the Cheesecake Factory in Los Angeles, will be permitted to bring her case to trial. A Los Angeles Superior Court judge has denied the defense's motion to dismiss her case.
A motion to dismiss is often a defense tactic when the potentially wrongful party seeks to avoid going through a public trial that could harm its business. In this case, the plaintiff was a bakery cashier at the restaurant in Woodland Hills in the Los Angeles area. She claims to have been terminated for complaining to her employer that two supervisors in the restaurant had sexually harassed her while she was on the job.
The retaliation claimed by the plaintiff here is not permitted under the laws that protect workers. Employers must protect employees who seek their protection from harassment and cannot be fired simply for bringing the harassment to their attention.
The defense motion alleged that the plaintiff had been fired not because she complained about harassment in her employment, but rather because allegedly she took tips from a co-worker and that the firing was justifiable.
After a period of several years in which the plaintiff was promoted into various jobs requiring more responsibility, she claims that her manager began making personal comments to her. These comments regarding her appearance and other personal intrusions escalated into actual touching and text messaging.
This type of escalation is not uncommon in cases such as this. Employees are protected from this type of behavior from their employer and/or manager.
In this matter, the manager is alleged to have continued to behave inappropriately even when the plaintiff tried to get him to stop. After seeking a transfer which was denied, another manager began similar behaviors towards the plaintiff.
The trial will go forward unless there is a settlement reached in the case. The facts are in dispute as the defense claims the employee was terminated because a video showed her taking money from the tip jar. But she claims other reasons were the cause of her firing and those had to do with her alleged sexual harassment.
Hersh & Hersh represents employees who have been wrongfully terminated. Those employees who are the victims of sexual harassment, retaliation for whistle blowing and other issues that can arise in the workplace come to our law firm for representation. Please contact our law firm for a free confidential consultation regarding your workplace issues. Our conversation with you is confidential and cannot harm your employment.