Laura Baxter-Simons and Elan Household LLC are sued by their former housekeeper who claims in a pregnancy discrimination lawsuit that she was wrongfully terminated and subjected to wage and hour violations.
Online PR News – 09-January-2013 –The Armstrong Law Firm and The Evans Law Firm have filed a lawsuit against Elan Household LLC and Laura Baxter-Simons in Alameda County Superior Court, Case No. RG13662530, on behalf of a former housekeeper who is alleging pregnancy discrimination and wrongful termination. The housekeeper/cook worked at the Berkeley home of Laura Baxter-Simons and her husband. The lawsuit claims the housekeeper was targeted for termination despite the fact that she was adequately performing her job, had received positive performance reviews, and in the 18 months prior to her employer learning she was pregnant and requesting an accommodation had earned multiple bonuses and additional compensation due to her positive work performance.
“The lawsuit claims the housekeeper was targeted for termination despite the fact that she was adequately performing her job, had received positive performance reviews, and in the 18 months prior to her employer learning she was pregnant and requesting an accommodation had earned multiple bonuses and additional compensation due to her positive work performance.”
According to the lawsuit filed by The Armstrong and Evans Law Firms, problems began in April of 2012 when the housekeeper informed Laura Baxter-Simons that she was pregnant and exercised her legal right to take maternity leave by asking for 12 weeks of pregnancy leave. Baxter-Simons objected to the leave-of-absence and instead offered the housekeeper six weeks according to the complaint. The California Pregnancy Disability Leave Law (“PDLL”) provides for four months job-protected leave for disability due to pregnancy, childbirth, and related medical conditions. Employees who take PDLL leave must be reinstated to the same position at the conclusion of the leave.
In July 2012, nearly eight months pregnant and experiencing contractions when climbing and descending stairs at the Simons’ home, the housekeeper according to the complaint, asked Laura Baxter-Simons for a modified work schedule. Baxter-Simons allegedly became angry and belligerent toward the housekeeper, prompting her husband Nathaniel Simons to intervene, calm his wife down, and apologize to the housekeeper. It is alleged in the lawsuit that Mr. Simons accommodated the housekeeper’s request but not without Baxter-Simons stating that she was unhappy with the decision. Over the next few weeks it is alleged that Baxter-Simons’ relationship with the housekeeper deteriorated. On one occasion, the pregnant housekeeper was allegedly asked to carry heavy crates of bottled wine up and down the stairs from the Simons’ wine cellar by herself, despite having previously informed Baxter-Simons of her difficulty climbing stairs. Less than two weeks after Baxter-Simons reluctantly agreed to modify the pregnant housekeeper’s schedule, she was informed she would be terminated. That night the housekeeper went to the hospital due to contractions she experienced as an alleged result of the stress from her unexpected termination.
Additionally, the lawsuit also alleges that the housekeeper was subjected to multiple wage and hour violations including not receiving all of her meal and rest periods and not being paid for all hours worked. Please contact Ingrid M. Evans, Esq. at (415) 441-8669 for additional inquiries.
About The Armstrong Law Firm (www.thearmstronglawfirm.com)
The Armstrong Law Firm uses the law to obtain justice and compensation for people who have been subjected to discrimination, harassment, intimidation or unfair employment practices in the workplace. The Armstrong Law Firm has generated millions of dollars in revenue for its clients. Kelly Armstrong is the founding partner of The Armstrong Law Firm in San Francisco, California. She is a lecturer and published author on a variety of issues related to employment law. Ms. Armstrong has represented clients in employment cases against the nation's largest companies for the past decade and her cases have been featured in the national and international media.
About The Evans Law Firm (www.evanslaw.com)
The Evans Law Firm handles employment, elder abuse (physical and financial), whistleblower reward lawsuits, retaliation, and wrongful termination lawsuits. (See also, www.californiaelderabuse.com, and www.falseclaimscalifornia.com) Lead trial attorney, Ingrid Evans, was named as a finalist for "Consumer Attorney of the Year" in 2009 and 2012 and has been selected for inclusion in Northern California Super Lawyers in 2010, 2011 and 2012, top Women Lawyers by the Recorder, and Best Women Lawyers in Northern California by Super Lawyers.