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.