Former General Manager Files Suit to Demand Justice From Government Contractor
The former General Manager of MV Transportation’s San Leandro, California office filed a lawsuit today in Los Angeles County Superior Court against his prior employer, MV Transportation, and its Regional Vice President, Clarence Michael Stewman (Los Angeles Superior Court Case No. BC614873). Plaintiff Aaron Gonzales’ lawsuit alleges, among other things, that MV Transportation and Mr. Stewman lured him away from his job in Texas to begin a new position in California based on false promises and representations, and that after he arrived in California, the defendants reneged on their obligation to pay Mr. Gonzales his quarterly bonus for meeting performance goals.
California Labor Code Section 970 prohibits an employer or individual from persuading a person to move residences for a job, “by means of knowingly false representations” regarding compensation or other matter. Mr. Gonzales’ lawsuit alleges that when he complained about the underpayment of his bonus, the company fired him in retaliation for his complaints, which is unlawful under California law.
MV Transportation provides passenger transportation via fixed-route, paratransit (for people with disabilities) and school buses. MV TRANSPORATION contracts primarily with government entities across the U.S. and Canada and provides consulting services world-wide. MV TRANSPORTATION boasts annual revenues of $1,000,000,000.00 (one billion dollars) and operates nearly 10,000 transit vehicles and employs more than 16,500 transit professionals.
Mr. Gonzales is represented by Helmer Friedman, LLP a Culver City, California law firm that represents employees and other individuals who seeking to assert their rights. Mr. Gonzales’ attorney, Andrew H. Friedman stated, “No private company, particularly ones that receive public money, ostensibly to carry out public services, should be permitted to flout employment laws and betray the trust that taxpayers have bestowed in them.” Mr. Friedman continued, “Corporations headquartered in Texas sometimes mistakenly think that they can come to California and act like this is the ‘wild west.’ But even corporations headquartered in other states must follow California employment laws.”
For more information about Mr. Gonzales’ lawsuit, please contact Andrew Friedman or Lincoln Ellis at 310-396-7714. Similarly, if you are a witness or have information that would be relevant to Mr. Gonzales’ claims please contact Mr. Friedman and/or Mr. Ellis. A copy of Mr. Gonzales’ lawsuit can be found here.
The Best and Worst Employment Cases of 2015
Andrew H. Friedman Authors Article on the Most Notable Employment Cases of 2015
CFO Sues Solar Company, Alleges Financial Improprieties, Fraud, Misuse of EB-5 Foreign Investment Funds, Discrimination Against Non-Chinese Employees GalleryCFO Sues Solar Company, Alleges Financial Improprieties, Fraud, Misuse of EB-5 Foreign Investment Funds, Discrimination Against Non-Chinese Employees
CFO Sues Solar Company, Alleges Financial Improprieties, Fraud, Misuse of EB-5 Foreign Investment Funds, Discrimination Against Non-Chinese Employees
According to the lawsuit, Mr. McCaffrey discovered that SolarMax, by engaging in a series of Enron-like “round trip” transactions with sham middleman entities, reported approximately $50,000,000 in phantom revenue on its 2011 and 2012 audited financial statements. In an effort to create a false impression of stronger financial performance and, thus, to attract investment capital, the suit alleges that SolarMax disseminated these artificially inflated figures to EB-5 investors (mostly in Taiwan and China) and others. Mr. McCaffrey also alleges that the inflated revenue figures were presented to the U.S. Citizenship and Immigration Services (USCIS) – part of U.S. Homeland Security – which regulates the EB-5 program.
“Most people do not realize that there is a program by which foreign citizens can literally purchase Green Cards if they have enough money and invest it in a qualifying business,” said Mr. Helmer. The program is notorious for potential abuse and exploitation. The USCIS and the SEC have cautioned potential investors “about fraudulent investment scams that exploit the Immigrant Investor Program, also known as EB-5.”
The program is notorious for potential abuse and exploitation. The USCIS and the SEC have cautioned potential investors “about fraudulent investment scams that exploit the Immigrant Investor Program, also known as EB-5.”
The lawsuit further alleges that Mr. McCaffrey exposed a series of other unlawful activities at SolarMax, including efforts to defraud the Social Security Administration by placing non-employee friends and relatives on the company’s payroll for the sole purpose of permitting them to earn Social Security credits. He further alleges that there existed a pattern of favoritism for the many employees of Chinese descent, and that he – and other employees who were not of Chinese descent – were subjected to unfair treatment and discrimination.
Commenting on the lawsuit, Mr. Helmer said, “Mr. McCaffrey, in his role as the CFO, was simply trying to ensure that SolarMax complied with the same set of rules and operated on the same playing field as all other law-abiding companies. Instead, he was fired after discovering a pattern of improprieties and trying to protect himself – and the company – by insisting that they be discontinued.”
For more information, please contact Gregory D. Helmer or Courtney Abrams at (310) 396-7714.
$5.7 Million Jury Verdict for Intentional Infliction of Emotional Distress
May 1, 2015 –
Court of Appeal Affirm’s Ted Mathew’s $5.7 Million Jury Verdict For Intentional Infliction of Emotional Distress
Today, the California Court of Appeal reversed a trial court ruling and reinstated a $5.7 Million jury verdict that Charles “Ted” Mathews obtained on behalf Dr. Michael W. Fitzgibbons. Commenting about this victory, Andrew H. Friedman of Helmer Friedman LLP, said “Ted’s victory today exemplifies why we wanted him to join our law firm. We think that Ted is one of the premier trial attorneys on the West Coast and we could not be happier that he is working with us.”
Mr. Mathews’ client, Dr. Fitzgibbons, sued his former employer, Integrated Healthcare Holdings, Inc. (“IHHI”), for intentional infliction of emotional distress based on the conduct of IHHI’s chief executive officer (“CEO”). At trial, the jury impliedly found that IHHI’s CEO carried out his threat to “humble” Dr. Fitzgibbons by having him arrested after arranging for a loaded handgun to be planted in his car. The jury also impliedly found the CEO caused Dr. Fitzgibbons’s daughter to be in a serious auto accident after one of her tires was slashed. The CEO retaliated against Dr. Fitzgibbons to punish him for his outspoken opposition to IHHI’s acquisition of the hospital where Dr. Fitzgibbons had just completed a term as chief of staff, and also Dr. Fitzgibbons’s success in an earlier lawsuit that resulted in a $150,000 attorneys fee award against IHHI. Accordingly, the jury found in favor of Dr. Fitzgibbons and awarded him $5.7 million in compensatory and punitive damages on his intentional infliction of emotional distress claim against IHHI.
Following the trial, the trial court granted IHHI’s motion for a judgment notwithstanding the verdict because it found IHHI was not vicariously liable for its CEO’s misconduct under the respondeat superior doctrine. According to the trial court, the CEO acted outside the scope of his employment because he held a personal grudge against Fitzgibbons and therefore his conduct was not reasonably foreseeable.
The Court of Appeal decision can be found here.
Courtney Abrams “Rising Star” Second Year
March 3, 2015 – Courtney Abrams has been selected as a “Rising Star” for the second year in a row.
Super Lawyers Nine Consecutive Years
March 3, 2015- Law & Politics Magazine and the publishers of Los Angeles Magazine have selected Gregory D. Helmer and Andrew H. Friedman as 2015 Southern California “Super Lawyers” in the category of Labor and Employment Law. This is the ninth consecutive year that both Mr. Friedman and Mr. Helmer have been selected as “Super Lawyers.”
Courtney Abrams has been selected as a “Rising Star” for the second year in a row.