Levy Vinick Burrell Hyams LLP

Whistleblowers

LA Times calls on Wendy Musell to discuss the impact of a sexual misconduct settlement

Screenshot of LA Times article on sexual misconduct settlement

The Los Angeles Times interviewed LVBH attorney Wendy Musell for an article regarding how the California Assembly handles confidentiality in investigations of sexual misconduct by legislators and others. The article focuses on the Assembly turning over witness identities as part of its settlement of a lawsuit by a former California Assemblymember who stepped down after allegations of sexual abuse.

Prompted by the #MeToo movement, many women came forward with stories of harassment relying on the ability to do so confidentially. After LVBH client Pamela Lopez accused Matt Dababneh of inappropriate behavior, 52 people were interviewed as part of a confidential investigation that substantiated the misconduct. Dababneh, in turn, sued the Assembly saying he had a right to know the identities of his accusers.

Wendy, who has testified at the Capitol on multiple occasions, said she believes this decision will dissuade women from reporting sexual harassment, stating, “It’s absolutely going to have a chilling effect,” she said. The accusers “didn’t want to be in that position in the first place,” she continued, adding “[a]nd then to learn at the end of the day that the person that you had the courage to come out and complain about is going to get a list of you and everybody else who provided statements, that is absolutely going to discourage people from coming forward.”

Former On-Air Reporter Sues KCBS, Alleges Station Terminated Her for Reporting Sexual Harassment

February 25, 2020 – Long-time reporter Sheryl Raines, whose on-air traffic coverage for the station spanned nearly three decades, is suing KCBS Radio, which is owned by Entercom Communications Corp.  Raines alleges the San Francisco radio station terminated her in retaliation for repeatedly reporting that a male radio engineer was sexually harassing women working in the newsroom. The complaint [Sheryl Raines v. Entercom Communications Corp.] which was filed in San Francisco Superior Court earlier today, alleges that KCBS told Ms. Raines that she was being terminated because the station wanted a “different sound,” but then replaced her with another woman “whose on-air voice is startlingly similar to that of Ms. Raines.”

“Anyone who has driven in Bay Area traffic trusts Sheryl’s voice. In this case, she used her voice to speak up for women in her workplace. We intend to prove that instead of listening and taking action to stop the harassment, KCBS fired the messenger and protected the harasser. That’s against the law,” said Sharon Vinick of Levy Vinick Burrell Hyams LLP, one of law firms representing Ms. Raines. 

Ms. Raines, who began working for KCBS as an on-air traffic reporter in 1993, says she was devastated by the termination. “I devoted my whole career working for KCBS and I loved the work and bringing the news to our listeners every day. Then the newsroom turned into hostile territory for women and I tried to get management to do something. Never in my wildest dreams did I think that I would get fired for making these reports,” Raines explained.

Ms. Raines is represented by Levy Vinick Burrell Hyams LLP and the Law Offices of Jeannette A. Vaccaro, two law firms devoted to representing employees in workplace disputes.  For further information regarding the lawsuit, visit www.levyvinick.com or www.jvlaw.com or call Sharon Vinick at 510-318-7700.

A copy of the lawsuit is available below.

Sheryl Raines v. Entercom Communications Corp.

Mother Jones Magazine Features LVBH’s Brave #MeToo Client

During the era of #MeToo, more women are bravely stepping forward about the sexual harassment they have experienced. The Mother Jones article “She Said, He Sued: MeToo Accusers Face Defamation Suits,” focuses on LVBH client Pamela Lopez and brings needed attention to the increasing tactic of accused perpetrators launching defamation lawsuits to continue to silence their accusers.

Ms. Lopez reported sexual assault allegations against now former California State Assemblymember Matthew Dababneh. Following Ms. Lopez speaking out, many other women came forward with their own accounts of harassment or assault by Dababneh and the California Assembly conducted a full investigation that ultimately found Ms. Lopez credible and supported affirmed her complaint.

After the legislature found against him, Dababneh filed the defamation lawsuit against Ms. Lopez. LVBH partner Jean Hyams and associate Hilary Hammell represent Ms. Lopez in the lawsuit.

Levy Vinick Burrell Hyams LLP represents women and other victims of sexual harassment and sexual assault who are courageously speaking out, as well as those who seek justice and compensation for the harm caused by perpetrators.

Federal Judge Backs Whistleblower, Blasts CA Prisons on Care of Mentally Ill Inmates

Prisoner in orange behind bars

For almost thirty years, the California Department of Corrections and Rehabilitation has been under court-ordered supervision of mental health services provided to over 30,000 inmates.  According to a secret whistleblower report compiled by Dr. Michael Golding, the state prison system’s chief psychiatrist, the state was providing inaccurate and misleading data to the federal court and to lawyers representing the inmates.  Dr. Golding, who is represented by Wendy Musell, alleges that he has been subject to retaliation since delivering a 161-page secret report to an official overseeing medical care inside the prisons. United States District Court Judge Kimberly Mueller conducted an evidentiary hearing regarding the report and found that Dr. Golding was “credible” and “his observations and conclusions overall are well-founded. . . .”  According to Ms. Musell, Dr. Goldring felt that the importance of the issues compelled him to come forward, “despite the risk for his own career.” 

Multi-Million Dollar Verdict for Whistleblower Firefighter

A Solano County jury brought in a $2,357,000 verdict for apprentice firefighter in his lawsuit against the City of Vallejo.  The jury found that the Vallejo Fire Department retaliated against Mr. Milan for complaining to OSHA about regulation violations that occurred at a fire, and that the fire department failed to accommodate the post-traumatic stress disorder he developed at the fire. Partners Leslie Levy and Sharon Vinick prosecuted the case through nine weeks of the trial in Milan v. City of Vallejo.

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.