Cases

CLASS ACTION CASES

Discrimination and Retaliation

Raiderettes Class Action Lawsuit

On January 22, 2014, the partners of Levy Vinick Burrell Hyams LLP filed a lawsuit against the management of the Oakland Raiders on behalf of current and former members of the Raiderettes...read more

Raiderettes Class Action Lawsuit

On January 22, 2014, the partners of Levy Vinick Burrell Hyams LLP filed a lawsuit against the management of the Oakland Raiders on behalf of current and former members of the Raiderettes, the NFL club’s popular cheerleaders. A toll free hotline has been set up for calls about this lawsuit. If you are a current or former Raiderette or if you have any information about NFL cheerleader pay practices, please call toll free, 1-844-318-7700 or click here.

The complaint [Lacy T. v. The Oakland Raiders], filed in Alameda County Superior Court, alleges that the club withholds all pay from the Raiderettes until after the end of the season, does not pay for all hours worked, and forces the cheerleaders to pay many of their own business expenses. Under their take-it-or-leave-it contract, Raiders’ cheerleaders are to be paid only $1250 for working an entire season, which amounts to less than $5.00 per hour for the time that they spend rehearsing, performing and appearing at events where they are not paid. The club also withholds the Raiderettes’ wages until after the season ends. The lawsuit claims that team management did not pay Raiderette Lacy for all of the hours which she worked, while at the same time requiring her to pay out of pocket expenses. The lawsuit also claims that the Raiders illegally impose monetary fines on Raiderettes for such things as forgetting to bring the correct pom-poms to practice, wearing the wrong workout clothing to rehearsals, failing to bring a yoga mat to practice, or not turning in written biographies on time.

It is believed that other NFL teams don’t pay their cheerleaders for all of the hours that they work, and that there is a widespread practice in the NFL of refusing to pay cheerleaders for all of the hours that they have worked, forcing them to work for months before they get paid, and demanding that they sign contracts that are filled with illegal provisions.

For further information, please call, toll free, 1-844-318-7700 or click here.

collapse

EMPLOYMENT LAW

Discrimination and Retaliation

Discrimination and Retaliation

$3.6 Million Settlement for City Employee Subjected to Retaliation and Wrongful Termination. Partners Darci Burrell and Leslie Levy represented a 27-year employee of the City of Emeryville...read more

Discrimination and Retaliation

$3.6 Million Settlement for City Employee Subjected to Retaliation and Wrongful Termination. Partners Darci Burrell and Leslie Levy represented a 27-year employee of the City of Emeryville after she was terminated from her job following a psychiatrist’s report that she was "unfit for duty." The employee, who was chief union steward at the time of her termination, had challenged racial discrimination, harassment, and unfair treatment by City management throughout her career. Darci and Leslie charted new legal territory in this case by bringing a claim against the psychiatrist, Dr. Stephen Raffle, for "aiding and abetting" the City in retaliating against their client for her years of anti-discrimination advocacy on behalf of herself and others. On the eve of the jury trial, Emeryville agreed to pay an estimated $3.6 million in damages and attorney’s fees to settle the case. The settlement was a vindication for the employee and restored her good name. Darci and Leslie were with Boxer & Gerson, LLP when they litigated this case.

$750,000 for Female Neurosurgery Resident Alleging Discrimination by UCSF. Partner Sharon Vinick represented an African American woman who alleged that she had been discriminated and retaliated against due to her race and gender, while she was a neurosurgery resident at UCSF. Following her termination for alleged poor performance, Sharon filed suit on her behalf, alleging claims for discrimination, retaliation, and breach of contract. After extensive litigation, the case settled on non-confidential terms. Sharon was with McGuinn, Hillsman & Palefsky when she litigated this case.

Jury Verdict And Fees Award In Excess of $1 Million For Woman Subject to Retaliation. Partners Jean Hyams and Darci Burrell tried a case on behalf of a woman who suffered retaliation after she complained repeatedly about sexual and racial harassment on the graveyard shift at Caltrans’ Oakland Transportation Management Center. Members of the jury wept when they rendered a unanimous verdict finding Caltrans liable for maintaining a sexually and racially hostile work environment and subjecting the plaintiff to retaliation. By obtaining a jury verdict and attorneys’ fee award in excess of $1 million, the trial team vindicated the rights of the Caltrans employee and delivered a clear message to employers about the cost of maintaining a work environment in which sexually and racially inappropriate conduct is permitted to thrive. Darci and Leslie were with Boxer & Gerson, LLP when they litigated this case.

$1.2 Million Jury Verdict after BART Failed to Prevent Harassment and Retaliation. A BART employee who had complained about racial harassment by a co-worker and systemic race discrimination brought suit against his employer. Years after the case was originally filed, partners Darci Burrell and Jean Hyams were brought on to take the case to trial. With only a few months to prepare, Darci and Jean worked feverishly to muster the evidence and prepare the legal arguments that would help prove that BART should be held responsible for the retaliation and harassment suffered by its employee. The jury found in his favor on all counts, in a clear vindication of the mechanic’s rights. Darci and Jean were with Boxer & Gerson, LLP when they litigated this case.

A confidential resolution resulted from a tenure discrimination case brought on behalf of a university professor alleging gender and disability discrimination. To reach the resolution, partners Jean Hyams and Leslie Levy combed through thousands of pages of tenure files, deposed high-level university officials, and represented the plaintiff during mediation. Darci and Leslie were with Boxer & Gerson, LLP when they litigated this case.

collapse
Family and Medical Leave Retaliation

Family and Medical Leave Retaliation

Arbitration Award for Employee Terminated After Taking Medical Leave. In a case arbitrated pursuant to a mandatory employment arbitration agreement, partners Jean Hyams and Leslie...read more

Family and Medical Leave Retaliation

Arbitration Award for Employee Terminated After Taking Medical Leave. In a case arbitrated pursuant to a mandatory employment arbitration agreement, partners Jean Hyams and Leslie Levy won a case for a woman who was terminated from her job after taking time off as medical leave. Since the termination took place as part of a major corporate reorganization and the layoff of hundreds of people, the attorneys had to prove that she was singled out and fired for unlawful reasons. Jean and Leslie were with Boxer & Gerson, LLP when they litigated this case.

Confidential Settlement for Woman Retaliated Against After Taking Medical Leave. A woman who missed work because of her serious health condition was fired by her employer under its "no fault" absence policy. Partner Jean Hyams filed suit on her behalf. The employer ended up footing the bill for the plaintiff’s attorneys fees and paying the plaintiff money damages to avoid a jury trial. Jean was with Boxer & Gerson, LLP when she litigated this case.

collapse
Reasonable Accommodation

Reasonable Accommodation

Jury Verdict and Fee Award of over $1 Million for Grocery Clerk who Albertsons Failed to Accommodate. A Marin County jury found that Albertsons violated the civil rights of a grocery clerk by...read more

Reasonable Accommodation

Jury Verdict and Fee Award of over $1 Million for Grocery Clerk who Albertsons Failed to Accommodate. A Marin County jury found that Albertsons violated the civil rights of a grocery clerk by failing to deliver the reasonable accommodation it had promised. Partner Leslie Levy took the case even though it involved only a single incident of failure to accommodate because she was incensed by the way the employer violated the civil rights of its long-time employee. Up against the trial team of Leslie Levy and Jean Hyams, Albertsons lost at trial. The employer lost again when it appealed the verdict. The case charted important new legal territory and now serves as an important legal precedent for other individuals with disabilities. Leslie and Jean were with Boxer & Gerson, LLP when they litigated this case.

Settlement of $600,000 for School Teacher Subject To Disability Discrimination. When the Pleasanton Unified School District refused to provide reasonable accommodations for a veteran school teacher and falsely claimed that the teacher’s disabilities prevented her from performing her job, partner Leslie Levy filed suit. In the end, the school district agreed to a settlement valued at over $600,000 to redress the wrong it inflicted on the teacher. Leslie was with Boxer & Gerson, LLP when she litigated this case.

collapse
Defamation

Defamation

$778,000 Plus Punitive Damages Awarded to Long Time Employee of Fortune 100 Company...read more

Defamation

$778,000 Plus Punitive Damages Awarded to Long Time Employee of Fortune 100 Company. Partners Leslie Levy and Sharon Vinick represented a long time employee of a Fortune 100 company in defamation suit litigated in Superior Court for the County of Alameda, where the employee was accused of theft. The jury returned a verdict of $778,000 in compensatory damages, and was prepared to award puntive damages. The case was resolved before arguments on punitive damages were presented to the jury.

collapse
Sexual Harassment

Sexual Harassment

$2.4 Million Arbitration Award for Victim of Sexual Harassment by 24 Hour Fitness....read more

Sexual Harassment

$2.4 Million Arbitration Award for Victim of Sexual Harassment by 24 Hour Fitness. While at Boxer & Gerson, LLP, Jean Hyams was a member of the attorney team that represented a corporate sales manager in her sexual harassment claims against her employer, 24 Hour Fitness. The company required their employees to sign away the right to a trial by jury as a condition of their employment, so the claims could only be brought through private arbitration. The result, a $2.4 million award, including $1.2 million in punitive damages was one of the largest awards on record for a single-plaintiff arbitration. After the arbitration, the employer tried to seal the record to keep the plaintiff from publicizing the outcome of her case. Jean Hyams and Leslie Levy fought a successful post-arbitration legal battle for the right to make the company’s misdeeds public so that other employers would learn the costly consequences of sexual harassment in the workplace.

$350,000 Settlement of Lawsuit Against Prominent Attorney. Following the filing of a federal lawsuit, Richard D. Greenfield, a nationally known class action attorney, agreed to pay $350,000 to settle a lawsuit alleging that he used his position of trust to coerce one of his clients into sexual relations while she was dependent on his representation in a complex legal matter. Leslie Levy litigated the case while at Boxer & Gerson, LLP.

Confidential Settlement for Victim of Quid Pro Quo Sexual Harassment. In a sensitive case involving a male manager who coerced a young woman who worked for him to have sexual contact with him, Leslie Levy negotiated a settlement in a confidential amount before a lawsuit had to be filed. Leslie was with Boxer & Gerson, LLP when she litigated this case.

Confidential Settlement for Male Victim of Quid Pro Quo Sexual Harassment. In a case involving a male assistant who was sexually harassed by his manager, partner Sharon Vinick negotiated a confidential settlement after a lawsuit was filed, but before discovery began. Sharon was with the Vinick Law Firm when she litigated this case.

Confidential Settlement Negotiated for Woman Sexually Assaulted by Manager. Partners Sharon Vinick and Darci Burrell pursued litigation in state court on behalf of a woman earning minimum wage who had been sexually harassed, as well as assaulted, by her manager. The case settled in the mid-six figures, despite the fact that the client was an undocumented immigrant and had modest economic losses.

collapse
Whistleblower Retaliation

Whistleblower Retaliation

$475,000 Settlement for Police Officer Terminated After Refusing To File False Police Report....read more

Whistleblower Retaliation

$475,000 Settlement for Police Officer Terminated After Refusing To File False Police Report. Partner Jean Hyams brought suit for wrongful termination in violation of public policy on behalf of a police officer who was terminated after he complained to his superiors that he had been unlawfully pressured to falsify a police report. By taking depositions of command officers up the chain of command to the level of chief of police, Jean gathered evidence to show that her client’s complaints were one of the factors motivating the decision to terminate him. Just days before a jury trial was set to begin, the police department agreed to a $475,000 settlement. Jean was with Boxer & Gerson, LLP when they litigated this case.

Jury Verdict for Coach Who Reported Inappropriate Behavior By Colleague. A swim coach reported that one of her assistant coaches was engaging in sexually inappropriate behavior with minors on the swim team. Her public employer refused to do anything to correct the situation and she resigned from her job rather than sit by and watch the young team members be harmed. Partners Leslie Levy and Jean Hyams won the jury trial, resulting in a six-figure award against the municipality even though the swim coach suffered no wage loss. Leslie and Jean were with Boxer & Gerson, LLP when they litigated this case.

Confidential Settlement for Two Men Terminated After Complaining About Racist, Sexist and Homophobic Comments by Boss. Partner Sharon Vinick represented two men who alleged that they had been demoted, and constructively terminated, after complaining that their boss repeated made racist, sexist and homophobic comments about other employees, and discriminated against employees and job applicants. The case, which was in arbitration, settled in the high six-figures.

collapse
Class Actions

Class Actions

$5.5 Million Settlement for Truck Drivers Forced To Work Through Meal and Rest Breaks. Sharon Vinick, while still with the Vinick Law Firm, represented a class of truck drivers employed by White Cap...read more

Class Actions

$5.5 Million Settlement for Truck Drivers Forced To Work Through Meal and Rest Breaks. Sharon Vinick, while still with the Vinick Law Firm, represented a class of truck drivers employed by White Cap Construction, who allegedly were denied their meal and rest breaks. In one of the largest per-employee settlements of a meal and rest break case in the state of California, attorneys negotiated a settlement that led to an average employee payment of almost $10,000.

collapse

CIVIL RIGHTS

Discrimination

Civil Rights

$835,000 Settlement to Protestor Injured By Police During Demonstration. Partner Leslie Levy secured one of the largest settlements ever achieved against the San Francisco Police Department...read more

Civil Rights

$835,000 Settlement to Protestor Injured By Police During Demonstration. Partner Leslie Levy secured one of the largest settlements ever achieved against the San Francisco Police Department, on behalf of a court reporter whose arm was broken by an aggressive police officer during a peaceful anti-war demonstration. The same officer was later fired by the San Francisco Police Commission for making false statements about the event. Leslie was with Boxer & Gerson, LLP when she litigated this case.

Lawsuits Against BART Result in Improved Access for Disabled Patrons. While in private practice, partner Leslie Levy brought two cases against BART on behalf of passengers with disabilities. These cases have made the system more accessible to the people with disabilities who rely on BART trains for transportation. Because of one lawsuit, BART installed edge detection rubber flooring at all of its stations to assist people who are blind or visually impaired. The second lawsuit forced BART to provide automated independent access for disabled passengers to all BART station elevators.

Pioneering Lawsuit For Tenants Sexually Harassed By Landlord. While in private practice, partner Leslie Levy brought a groundbreaking case alleging sexual harassment in housing. She represented multiple tenants whose apartment manager was perpetrating severe sexual harassment against them. The settlement achieved was the largest settlement in the nation at the time for a housing sexual harassment case. The publicity generated by this case, including a television appearances on Oprah and prominent coverage in newspapers around the country led to increased training, education and attention to the problem of sexual harassment in housing.

collapse

SEXUAL ABUSE

Sexual abuse

Sexual Abuse

$1.9 Million Settlement For Children Molested By Berkeley School Teacher. When several 4th graders in Berkeley were molested by a teacher, partner Leslie Levy won a settlement of $1.9 million...read more

Sexual Abuse

$1.9 Million Settlement For Children Molested By Berkeley School Teacher. When several 4th graders in Berkeley were molested by a teacher, partner Leslie Levy won a settlement of $1.9 million and an agreement for system-wide training on issues of sexual abuse of children by school personnel. Leslie was in private practice when she litigated this case.

Confidential Settlement for Church Member of Sexual Harassment Case Against Pastor. A minister used his pastoral counseling sessions to convince an emotionally vulnerable member of his church that it was God’s will that she should have sex with him. In a case brought during her years in private practice, partner Jean Hyams brought suit against the minister and his church for breach of the relationship of trust between clergy and parishioner. After aggressive litigation, the matter resolved confidentially on the eve of trial.

collapse