Camile Almada worked as a caregiver for elderly clients assigned to her by her employer, Heaven Heights. However, Ms. Almada was treated and paid as an independent contractor, which meant that she was not paid overtime or given the other benefits and protections guaranteed to employees under California law. When she complained to Heaven Heights, she was berated and fired. Recently, a Riverside County jury awarded Ms. Almada $3 million in damages for the retaliatory firing.
After 2 years of working as a caregiver for Heaven Heights, Ms. Almada began to suspect that she was misclassified as an independent contractor. When she complained to Heaven Heights’ owner, Ms. Almada was told that she could not return to work for her elderly client. In a series of very aggressive text messages, Heaven Heights then terminated Ms. Almada’s employment.
The circumstances of her firing strongly suggested that the decision to terminate was made in direct retaliation for her complaining about being misclassified as an independent contractor. She filed a lawsuit alleging unlawful retaliation, wrongful termination and intentional infliction of emotional distress.
Employment laws applicable in California make it illegal for employers to retaliate against employees who complain of violations of the wage-and-hour laws. For example, under California Labor Code Section 1102.5(b), it is unlawful for “an employer, or any person acting on behalf of the employer,” to “retaliate against an employee” for complaining to a person with authority over the employee about “violation[s] of [a] state or federal statute,” including wage-and-hour statutes defining who may or may not be properly classified as an independent contractor. Under Section 15(a)(3) of the Fair Labor Standards Act, employers are expressly prohibited from retaliating against employees for filing any complaint, or instituting or causing to be instituted any proceeding under or related to wage-and-hour rights.
If an employee prevails on a claim for unlawful retaliation, he or she may be awarded monetary compensation for lost wages and benefits, as well as for any emotional distress you suffered as a result of the unlawful retaliation. In addition, the court is authorized to award attorneys’ fees and litigation costs the employee may have incurred in successfully bringing the claim, so that the employer is ordered to pay those fees.
In the case of caregiver Camile Almada, a Riverside County jury awarded $3 million in damages for the unlawful retaliation she suffered, including $2 million for her emotional distress damages alone. The award provides a stark warning to employers who unlawfully retaliate against employees who are simply seeking a fair enforcement of the rights guaranteed to them, and all employees, by California law.
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.]
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