Updates from October, 2018 Toggle Comment Threads | Keyboard Shortcuts

  • Coane and Associates,PLLC 5:22 pm on October 25, 2018 Permalink | Reply
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    Federal Judge Orders University of St. Thomas to Turn Over Documents in Discrimination Case 

    In an Order released this week, a federal judge in Houston ordered the University of St. Thomas (Houston), to turn over documents related to our client’s employment discrimination case.

    Our law firm, specializing in employment law and wrongful termination cases, sued the University of St. Thomas for failing to renew our client’s teaching contract. Our client taught in the College of Nursing and had very good reviews. She complained about reverse race discrimination (she is white), and then one month later, the university says it made the decision to not renew her contract. Our client argues that the non-renewal is not a coincidence but is retaliation for complaining.

    In a hearing held this week, a federal judge ordered the university to turn over many documents, including over a year’s worth of emails sent by Poldi Tschirch (Nursing School Dean), Angelina Chambers (who our client alleges discriminated against her) and Lucindra Campbell-Law. The judge also ordered the university to turn over all documents about the discrimination investigation that they conducted, as well as all documents about our client’s placement on a performance improvement plan.

    No trial date has been set yet, but the judge has asked the parties to report back next month.

    For further information, this Houston employment lawyer and Miami employment lawyer may be reached at 713.850.0066 or 305.538.6800, and at bruce.coane@gmail.com.

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  • Coane and Associates,PLLC 5:18 pm on October 22, 2018 Permalink | Reply
    Tags: , #UnpaidOvertime, #WageViolations,   

    Palm Beach OBGYN clinic and doctors sued for alleged wage violations and discrimination 

    Palm Beach Obstetrics & Gynecology, P.A. and Dr. Samuel Lederman, Dr. Gloria Hakkarainen, Dr. Sylvia Siegfried, Dr. Joy Cavalaris, Dr. Lori Sevald and Dr. Marcela Lazo have been sued in U.S. District Court for overtime wages and for race and national origin discrimination by a former Billing Manager who worked for them for over ten years.

    Our employment law firm, Coane and Associates, filed the lawsuit in the West Palm Beach Division of the U.S. District Court. The case alleges that our client has unpaid overtime of over $70,000 which the defendants have refused to pay. Additionally, our client claims that the office staff was mostly white, Hispanics who wanted her terminated, as one of the only black employees in the office.

    Our client was terminated and then she alleges that Nelda Rodriguez, a Hispanic woman replaced her as Billing Manager. Our client seeks reinstatement, back pay and overtime pay in the lawsuit. A jury trial in 2019 is expected.

    For further information, contact employment law attorney Bruce Coane at bruce.coane@gmail.com or 305.538.6800.

     

     
  • Coane and Associates,PLLC 5:19 pm on October 4, 2018 Permalink | Reply
    Tags: #ADA, #EmploymentRights, #Redtide,   

    Red Tide and your job near The Beach 

    With red tide invading all parts of Florida, I have been getting inquiries from individuals who work on or near the beach.

    My Miami Beach office, itself, is actually located just two blocks from the beach. The questions I have been fielding deal with the rights of workers when being exposed to dangerous red tide and avoiding wrongful termination. The red tide in Florida has been killing thousands of fish over the past weeks, and the question is how does it affect humans.

    Published reports (and my own past experience being exposed in Galveston, Texas), indicate that it causes itchy and red eyes, as well as a feeling of tightness in the chest. Breathing issues have also been reported.

    Some callers have told me they work at hotels or restaurants on the beach or near the beach, and they are already getting symptoms from the red tide and don’t want to go to work. In one case, the boss was threatening termination if the food server in Palm Beach County did not show up for work.

    Here’s my advice. If you are a worker suffering symptoms of red tide, or afraid of getting symptoms, then get a note from your doctor ORDERING you to be off from work until the beaches reopen or the symptoms or risk subsides. There is no full-fledged way to guarantee saving your job, but if you have a diagnosis and a doctor’s note ORDERING time off from work, an employer will certainly think twice about firing you.

    If a person gets fired when off due to a diagnosis and doctor’s orders, they may have a case under the Americans with Disabilities Act (ADA). Of course, there are limitations on legal rights and that is why it is important to know the law before asserting any possible legal rights.

    The author, employment lawyer Bruce Coane practices wrongful termination and employment law throughout the United States and has offices in Florida and Texas. He may be reached at bruce.coane@gmail.com or at 713.850.0066 or at 305.538.6800.

     
  • Coane and Associates,PLLC 4:59 pm on February 16, 2018 Permalink | Reply  

    Judge Releases Orders in Sex Discrimination Lawsuit against Dignity Health 

    Our law firm has been representing a former employee of Dignity Health in a sex discrimination case in U.S.District Court in Phoenix, Arizona.

    The case has been going on for quite some time with a likely trial date for this year. In this case, our client is a male who worked in a 5-person lab at Dignity Health in Phoenix. Our client alleges, and the evidence has shown, that his boss was sleeping with a female co-worker, and then keeping her as a lab employee as he fabricated reasons for letting other male lab employees go. Our client was terminated, in favor of the hospital keeping our client’s boss’s girlfriend, even though our client alleges that he and the other men in the lab were significantly more qualified than their boss’s girlfriend.

    Eventually, the entire lab disbanded, apparently due to lack of funding, with our client’s ex-boss and his girlfriend as the last employees.

    The action that the judge took this week was to warn former OBGYN Department chair at Dignity, Dr. James Balducci, that he must contact our law firm because he ignored a subpoena to appear for a deposition. The judge’s Order states that he’d consider holding the doctor  in contempt of court if he fails to promptly contact us to reschedule his deposition.

    In addition to Balducci being a no-show for his deposition, Dignity Health was refusing to produce documents relating to the termination of the other lab workers. This week, the judge ORDERED Dignity to provide those records.

    Finally, in a common tactic used by company lawyers, Dignity was threatening to send a subpoena to our client’s current employer in Texas, under the guise of needing independent verification of salary, benefits, etc., because somehow the documents we provided and offered to provide just were not sufficient enough. The judge said that Dignity’s lawyer can issue the subpoena, but only if they significantly narrow their request. Either way, it’s certainly the belief of this Houston Employment Lawyer and Miami Employment Lawyer  that this is an intimidation move to scare workers from filing lawsuits, lest their new employer discover that they sued their prior employer.

    For further information, I can be reached at 713.850.0066 or 305.538.6800, or by email at bruce.coane@gmail.com

     
    • Eva 12:37 pm on February 23, 2018 Permalink | Reply

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  • Coane and Associates,PLLC 3:21 pm on January 8, 2018 Permalink | Reply
    Tags: , , , wrongful termination   

    Religious Discrimination case filed against Continental Real Estate Companies of Coral Gables 

    We recently filed an EEOC charge of employment discrimination based on religion and retaliation, against a Coral Gables company, Continental Real Estate Companies.

    The religious discrimination and retaliation charges arise out of a warning that our client got when she was first hired at the company, namely, do not discuss your Christian religious beliefs at work, according to the EEOC charge. Our client was told this, she states in the EEOC charge, by Luis Bertot, her Buddhist supervisor.

    A few months later when our client reported to Bertot about an offensive picture frame on a co-worker’s desk referencing Satan, Bertot fired her that same day, according to the EEOC charge.

    This Miami Employment Lawyer regularly files charges of discrimination with the EEOC on behalf of workers who were allegedly terminated in violation of civil rights laws. For further information, I may be reached at 305.538.6800 or bruce.coane@gmail.com.

     
  • Coane and Associates,PLLC 4:56 pm on December 28, 2017 Permalink | Reply
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    Pollo Tropical sued for Sex Discrimination and Retaliation-Company Claims Fired for Serving Expired Chicken 

    This has been a busy month at our law firm, filing employment discrimination lawsuits. A little over a week ago, I filed a lawsuit on behalf of my client against his former employer, Pollo Tropical. The lawsuit states that my client was discriminated against because of his sex and fired in retaliation for complaining about it.

    My client worked as a General Manager of a Pollo Tropical store in Pearland, Texas. While all seemed to be going well with his job performance and while recent store audits scored over 90%, my client states that he noticed that female managers were getting reviews and raises but he was getting neither. When he complained to Angel Cortes his District Manager and then to Chad Brown in the HR department, it is alleged that they made excuses but did not take any steps to equalize the situation.

    Instead of treating my client with the same level of fairness by giving him a review and a raise, the company, through Cortes, chose to fire him, the lawsuit alleges.  When my client asked Angel Cortes why he was fired, Cortes says it was due to policy violations, according to the lawsuit.

    When my client of this Houston Employment Lawyer and Miami Employment Lawyer confronted Mr. Brown about his termination, Brown says that he was fired “for changing the dates and labels of raw marinated expired chicken and thereby serving expired chicken to customers of Pollo Tropical,” according to the lawsuit. My client was aghast at such an allegation and denies that he did any such thing. If Pollo Tropical was serving expired chicken to its customers, my client denies having any knowledge of it, and says that the company was making up a reason to fire him in retaliation for complaining about discrimination.

    The lawsuit is pending in the U.S.District Court for the Southern District of Texas, and the first hearing will be coming up in April of 2018. A jury trial is likely to be scheduled for sometime in 2019.

    For further information, I may be reached at 713.850.0066 or 305.538.6800, or by email at bruce.coane@gmail.com

     

     

     
  • Coane and Associates,PLLC 4:05 pm on December 26, 2017 Permalink | Reply  

    Home Depot Sued for Job Harassment and Discrimination 

    Our law firm filed a lawsuit last week on behalf of our client, and against Home Depot. The federal court lawsuit alleges job harassment because of our client’s race, national origin and age.

    Our client, age 62, was a happy employee of Home Depot for over 20 years. The staff at Home Depot enjoyed working  with our client and all was well until our client transferred to the Little York store in Houston. There, his store manager was Thomas Willtrout, and that is when the problems began.

    In his lawsuit, our client alleges that Thomas Willtrout, his store manager, told him that he was “old and slow,” and that he “did not know anything about technology.” In addition, Willtrout, who is white, allegedly made fun of our client’s Indian-Carribean accent in front of customers and co-workers. Further, it is alleged that Willtrout would pretend that he could not understand our client whenever he spoke to Willtrout.

    Our client also states that when he asked Willtrout to stop harassing him and making fun of him because of his age and national origin, that Willtrout said, “I’m the f***ing manager, I can do what I want.”

    Following that exchange, our client states that he complained about the discrimination to Mervin Alphonse (District Manager) and Pamela Holland in Human Resources. They apparently initiated an investigation, but Willtrout remained as our client’s manager.

    In May of 2016, our client states that Willtrout confronted him about the complaint to HR and told our client that he is “unhappy about that.” The following month, Willtrout gave our client a written warning, and in August of 2016, Willtrout fired our client, allegedly in retaliation for his complaint to HR and the District Manager. His 20+ years at Home Depot came to a very sad end.

    The lawsuit is currently pending in U.S. District Court in Galveston, with the first hearing set for April 12 of next year. This Houston employment lawyer is representing the worker in his case against Home Depot.

    For further information, I may be contacted at bruce.coane@gmail.com or at 713.850.0066 or 305.538.6800.

     

     
    • Helen Surovek 2:36 pm on December 27, 2017 Permalink | Reply

      Simply another “ME TOO!” of another category. Outrageous! I LOVE impersonating accents of people I meet in good hearted fun when we can all share a laugh. NOT impersonation for ridicule. A MAJOR difference. As a Manager, one, in my humble opinion, is not a co-worker, per se. Another dimension of co-working authority. Again, in my humble opinion, this is disgraceful! My grandparents had a thick Eastern European accent. As children we were always teaching them the proper pronunciations of certain misspoken words as well as helping them with their cursive and spelling. Simply translated: learning. NO making fun! NOT ALLOWED!
      TO have and use the authority to FIRE someone for exercising their right to report this ‘discriminating’ behaviour to HR is OUTRAGEOUS! Does it not go against the very right of an employee to have a reporting process? If not, WHY HAVE AN HR DEPT at all? Is HR there for compliance only. No true reason, just to exist?
      The person that should be in the line of the fire is the manager that exercised his right to fire. This is an unjust treatment of an otherwise stellar employee of 20 years within the same company. To be told ” old and slow” as well as citing ‘knowing nothing about technology” is also more than inappropriate. Have a learning session with the “old” as they do with the ‘young.’ I’m betting there are systems in place that MUST be learned?
      And…disgraceful to spout “I am the f…… manager. I can do what I want.”
      First of all, the language is unacceptable from ANYONE, especially Management! The culture of Management being able to do ‘what they want’ is NOW scrutinized, as it should be.
      Please have Home Depot accountable. Shameful they are so large HD cannot truly manage and govern their management. Shameful!

    • Coane and Associates,PLLC 5:23 pm on December 29, 2017 Permalink | Reply

      Thank you for sharing your insights and thoughts.

  • Coane and Associates,PLLC 8:26 pm on November 30, 2017 Permalink | Reply
    Tags: ,   

    Wrongfully Fired for Sex Harassment? 

    On the front page of today’s newspaper, I was reading an article about Matt Lauer of the Today Show, who was the latest well-known man fired for sex harassment. Who will it be tomorrow? No doubt, Human Resource professionals are furiously investigating these claims on a daily basis.

    I have handled sex harassment cases for many years and I have represented men and women who were harassed, and I have also represented the alleged harasser.

    There was a time where this Houston Employment Lawyer would send my female clients for a polygraph exam, if the harasser was denying that he did any of the things he was accused of.  Nowadays, that seems unnecessary, as employers and their Human Resources departments are all jumping on the bandwagon of weeding-out harassers immediately. And, of course, we live in different times where there is typically compelling electronic evidence such as text messages, instant messages, emails, etc.

    I met with a potential client last week who lost his job because a co-worker said he touched her inappropriately.  The man professed his innocence, yet he was terminated the same day.

    It seems that many employers are taking a zero tolerance view and that if anyone complains about sex harassment, the alleged harasser will be quickly fired.

    Earlier this year, I got to meet the woman who wrote the book on sex harassment, Gretchen Carlson, formerly of Fox News. In her book, Be Fierce: Stop Harassment and Take Your Power Back, she gives encouragement to women who are victims of sex harassment.

    FOXnews

    gretchbook

    The federal laws that deal with sex harassment come from the Civil Rights Act of 1964 and they allow victims of sex harassment to bring legal claims in court, after they first complain to the EEOC. Many of these cases are settled out of court and confidentiality agreements prevent victims from discussing the facts.

    At our Houston employment lawyer firm and also at our Miami employment lawyer firm, we represent victims of sex harassment, as well as victims of false harassment claims.

    For further information, I can be reached at bruce.coane@gmail.com or 713.850.0066 or 305.538.6800.

     
    • HeKen Surovek, Resltor 10:53 pm on November 30, 2017 Permalink | Reply

      Your posts are always current on topic. Appreciate your share g the legal aspect & civil rights data.
      Thanks.
      Wishing you and yours a Happy Hanukkah!

    • Coane and Associates,PLLC 10:58 pm on November 30, 2017 Permalink | Reply

      Thank you! Happy Holidays.

  • Coane and Associates,PLLC 9:23 pm on November 29, 2017 Permalink | Reply  

    Discrimination Lawsuit against CVS 

    https://setexasrecord.com/stories/511248602-loader-alleges-cvs-pharmacy-inc-terminated-him-after-on-the-job-injury

    This is a story that was recently published about a discrimination lawsuit we filed against CVS. Our client states in the lawsuit that he was treated unfairly and discriminated against by CVS when they fired him from his job. The lawsuit is pending in U.S. District Court in Houston. No trial date has been set but it is expected to receive a trial date for 2018 or 2019.

    This Houston Employment Lawyer files federal discrimination lawsuits and cases against companies throughout the United States. For further information, I may be contacted at 713.850.0066 or 305.538.6800, or via email at bruce.coane@gmail.com.

     
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