Worker Forced Out After Complaining About Wages, Suit Claims
LOS ANGELES (CN) – A Kaiser worker who says she was forced to quit due to retaliation after she complained about more than 20 violations of California Labor Code provisions, has filed a representative action in Los Angeles County Superior Court.
Dora Mendoza sued Kaiser Foundation Health Plan, Inc. for violations of the California Labor Code and California Business and Professions Code in a representative action for herself and similarly situated aggrieved employees under the California Private Attorneys General Act.
Mendoza says she was hired as an on-call enroller for Kaiser in November 2016. She gave presentations and educated people about various health plans. She says she retrieved her assignments through a program called “salesforce.”
Until recently, when she was given an iPad to use, she had to use her own personal computer and cell phone, according to the action, for which she was not reimbursed. “There were absolutely no guidelines for training time or for time reporting,” the suit states.
Mendoza says she was not provided with or compensated for uninterrupted meal periods or rest breaks. She was required to work “off the clock” to watch training videos, prepare for presentations, respond to work emails during the weekends, respond to text messages, and install software on her cell phone and other requirements, according to the action.
In addition, she was not paid within the required time frame, was not provided with labor code compliant wage statements, and was not paid all that was due at end of employment, the action claims. Mendoza says Kaiser did not keep accurate and complete payroll records, and did not reimburse for work-related expenses.
When Mendoza complained about these labor code violations to her supervisor, Monique Belusa, Mendoza says Belusa changed her time cards, refused to pay her for hours worked, and removed her from the “Mobility Champions” team in retaliation. The retaliation forced Mendoza to quit the job in September 2018, she says.
Mendoza seeks damages for lost wages, restitution and disgorgement for unlawful business practices, general, special and consequential damages, penalties, punitive damages, interest and legal costs.
The plaintiff is represented by Harour Messrelian of Messrelian Law Inc. in Glendale, California.