Pasadena, CA
Employment and labor Lawyer at Pasadena, CA
Practice Areas: Employment & Labor
OUTCOME: Verdict and attorney's fees in excess of $1 million dollars
Sexual harassment case against Los Angeles manufacturer for harassing male employees at work. Compensatory, emotional distress, and punitive damages were awarded.
OUTCOME: Confidential Seven Figure Settlement
High level bank employee was wrongfully terminated after reporting fraud, illegal lending practices, and violations of OTS regulations to his supervisor, the Bank's CEO.
OUTCOME: Settlement of $2.1 million dollars
Class action brought on behalf of in-home healthcare workers who were not paid for all shifts worked, were not paid overtime, and had their clocked-in time improperly rounded to the employer's benefit. ...
OUTCOME: Verdict of $344,198
Oakland, California – A jury awarded Operating Room Nurse Kristeen Klaas $344,198 in damages against her former employer, ValleyCare Health Systems. The jury’s verdict and damages award came at the en ... d of a trial that began on June 21, 2010, involving Ms. Klaas’ claims that she was retaliated against by ValleyCare for the complaints she made regarding patient safety issues, and her refusal to engage in unlawful activity. Ms. Klaas was represented throughout the case and at trial by Barbara Figari of Figari Law, and Lawrence Organ of the Law Offices of Lawrence A. Organ. The jury awarded Ms. Klaas $44,198 in economic damages and $300,000 in punitive damages against ValleyCare Health Systems. The verdict and damage award followed a trial in which ValleyCare’s Chief Executive Officer Marcy Feit and Chief Operating Officer Cindy Noonan testified that they collectively made the decision not to rehire Ms. Klaas. Ms. Klaas alleged that the decision not to rehire her was made in retaliation for the complaints she brought to ValleyCare’s attention. During the last year of her 15 year employment with ValleyCare, Ms. Klaas made numerous complaints regarding patient safety and what she deemed to be “serious and significant infection control issues.” Specifically, Ms. Klaas complained about an employee bringing a dog into an Operating Room break room, that a tip of a surgical instrument went missing during a surgery, and that an instrument was retained in a patient because the hospital did not have an instrument count policy in place. Ms. Klaas made these and other complaints in 2007 and 2008. In May 2008, Ms. Klaas reported off work and went home because she wasn’t feeling well, at which time her supervisor called her at home and accused Ms. Klaas of walking off the job without permission. Ms. Klaas resigned over these accusations, but continued her role as a patient advocate even after the end of her employment. On May 19, 2008, Ms. Klaas wrote a letter to ValleyCare’s top administrators, including Chief Executive Officer Marcy Feit and Chief Operating Office Cindy Noonan. In this letter, Ms. Klaas discussed her prior complaints regarding what she deemed “serious and significant infection control issues.” Ms. Klaas also reported that her supervisor, Director of Surgical Services Carol Falcon, had forged her signature on a performance evaluation in order to appear in compliance with State regulations in anticipation of a State investigation. In this letter, Ms. Klaas requested that she be rehired by ValleyCare. ValleyCare administrators Chief Operating Officer Cindy Noonan and Vice President of General Services Vern Brown met with Ms. Klaas on June 16, 2008. At trial, both Ms. Noonan and Mr. Brown admitted having knowledge of numerous patient safety complaints made by Ms. Klaas. Though at the conclusion of this meeting Ms. Noonan told Ms. Klaas “we’ll get back to you,” regarding Ms. Klaas’ request to be rehired, and a follow-up email from Mr. Brown promising a written response, Ms. Klaas never received any response. At trial, Ms. Klaas alleged that she was retaliated against by ValleyCare for making complaints regarding patient safety issues in violation of California Health and Safety Code Section 1278.5, and retaliated against for her refusal to engage in the unlawful activity of backdating the performance evaluation, in violation of California Labor Code Section 1102.5. The jury returned a verdict in favor of Ms. Klaas on these claims on July 20, 2010, after beginning deliberations on Wednesday, July 14. The trial occurred in Department 21 of the Alameda County Superior Court before the Hon. Wynne Carvill.
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