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1JOSHUA F. FALAKASSA (SBN: 295045) FILED/ENDORSED
FALAKASSA LAW, P.C.
2 1901 Avenue of the Stars Suite # 450
JAN 2 4 2020
3 Los Angeles, California 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868 By:L A. Turner
4 Email: iosh@falakassalaw.com Deputy Clerk
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
6 LIBERTY MAN LAW
1010 F Street, Ste. 300
7 Sacramento, Califomia 95814
Tel.: (916) 573-0469; Fax: (866) 700-0787
8 Emai): libertvmanlaw@gmail.com
9 Attomeys for Plaintiff
10 SAJIDA ZAMAN
11 SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
12
13 SAJIDA ZAMAN, Case No.: 34-2019-00252121
14 Plaintiff, FIRST AMENDED COMPLAINT FOR
vs. DAMAGES AND EVJUNCTIVE RELIEF
15
16 LIQUI-BOX CORPORATION, and DOES 1
through 20, inclusive. (1) WRONGFUL TERMINATION BV
17 VIOLATION OF PUBLIC
Defendants. POLICY;
18 (2) RETALIATION EV VIOLATION
OF PUBLIC POLICY;
19
(3) DISABILITY DISCRIMINATION
20 IN VIOLATION OF FEHA;
(4) FAILURE TO ENGAGE BV THE
21 INTERACTIVE PROCESS EV
VIOLATION OF FEHA;
22
(5) FAILURE TO PROVIDE A
23 REASONABLE
ACC(^MMODATION BV
24 VIOLATION OF FEHA;
(6) INTEl^IONAL INFLICTION OF
25 EMOTIONAL DISTRESS;
26 (7) UNFAIR COMPETITION LAW.
I
27 I
DEMAND FOR JURY TRLAL
28 DEMAND EXCEEDS $25,000
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I COMES NOW PlaintifF Sajida Zaman ("Plaintiff') for causes of action against
2
Defendant Liqui-Box Corporation ("Defendanf') and Defendants Does 1 through 20
3
(collectively "Defendants") alleged as follows:
4
PARTIES
5
1. Plaintiff is, and at all relevant times was, an adult female residing in Sacramento
6
County, Califomia.
7
2. Plaintiff is informed and believes and on that basis alleges that Defendant is and
8
at ail relevant times was a corporation organized and existing under the laws of the State of Ohio,
9
with its principal place of business at 901 E. Byrd Street, Suite 1105, Richmond, Virginia 23219
10
3. Defendant does business in the County of Sacramento, State of Califomia as a bag
11
manufacturer. Defendant employed Plaintiff and more than five pjeople at its bag manufacturing
12
center located at 5000 Warehouse Way, Sacramento, Califomia 9|5826. As such, Defendant is
13
and at ai! relevant times was an "employer" defined by the Califomia Fair Employment and
14
Housing Act ("FEHA").
15.
4. Plaintiff is ignorant of the tme names and capacities of Defendants sued herein as
16
Does 1 through 20, inclusive, and therefore sues these Defendants by such fictitious names.
17
Plainfiff will amend this Complaint to allege their tme names and capacities when the same haye
18
been ascertained. Plaintiff is informed and believes and thereupon alleges that each ofthe
19
fictitiously named Defendants is legally and/or equitably responsible for the occurrences herein
20
alleged.
21
5. At all times herein mentioned Defendants, and each of thern, were the agents and
22
employees of the other Defendants, and each of them, and in doing the things hereinafter alleged,
23
were acting in the course and scope of the agency and employment and with the permission of
24
Defendants, and each of them.
25
GENERAL ALLEGATIONS
26
6. On December 9, 2003 Defendant hired Plaintiff to work in the position of "Packer" at
27
Defendant's liquid bag manufacturing center in Sacramento, Califomia. Plaintiff was eventually
28
promoted to "Inspector-Packer," and her Job duties included packing and inspecting bags, and
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other labor-intensive tasks, which required standing for long periods and lifting/hauling heavy
2
loads. Over the course her 16-year employment. Plaintiff performed her job duties and regularly
3
met the expectations of her supervisors and managers.
4
7. On or about December 3, 2018, Plaintiff suffered an injury to her left knee while
5
working for Defendants. Over time. Plaintiffs knee injury gradually turnedfi'omstiffiiess into
6
consistent and considerable pain. On or about January 3, 2019, Plainfifffirstbecame aware that
7
her knee injury was work-related. Plainfiff reported the injury to Defendant, sought treatment
8
and began a workers' compensation claim. The knee injury caused chronic pain, and interfered
9
with Plaintiffs ability to walk, move, and work.
10
8. On or about January 3, 2019, Plaintiff sought medicaltreatment through Defendant's
II
workers' compensation medical provider as instmcted by Defend^ant's human resources
12
department. Defendant sent a human resources representative with Plaintiff, who witoessed
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Plaintiffs medical examination without her written consent. Plaintiffs workers' compensation
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claim was ultimately accepted by Defendant's workers' compensation insurance.
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9. After the accompanied doctor's visit. Plaintiff was in|stmcted by Defendant's human
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resources representative to go home until further notice. On January 8, 2019, Plaintiff was
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instmcted by Defendant to retum to work for a meeting on January 10, 2019. At the January 10*
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meeting Defendant terminated Plaintiffs 16-year employment because she allegedly "neglected
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to report [her] injury timely" in violation of Defendant's Critical Safety Behaviors policy, which
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states in relevant part "Immediately report all incidents to your supervisor, management team
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member no matter how minor or without exception", and that "[a]ny violation of these Critical
22
Safety Behaviors will result in immediate termination of employment."
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10. Plaintiff's injury required that she take time off work, modified work duty and/or
24
other reasonable accommodafions. However, upon learning of Plaintiff s work-related injury,
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Defendant immediately terminated Plaintiffs employment. Plaintiffalleges that if she had not
26
become injured on the job, and that if she had hot reported her injury, andfileda workers'
27
compensation claim, she would not have been terminated. Plaintiff alleges that Defendant
28
to her disability andfilingof a
retaliated against her and otherwise discriminated against her due
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worker's compensation claim by firing Plaintiff. Finally, Plainfiff alleges that she was terminated
2
due to her reporting of a workplace injury pursuant to Defendants' unlawful Critical Safety
3
Behaviors policy, which is unfair and unreasonable and in violation of the Califomia
4
Occupational Health and Safety Act ("CalOSHA").
5
11. On March 7, 2019, Plaintiff filed with the Califomia Department of Fair
6
Employment and Housing (hereinafter "DFEH") a complaint charging Defendant with
7
discriminafion in violation of FEHA. On March 7, 2019, DFEH issued Plaintiff a right-to sue
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letter.
9
FIRST CAUSE OF ACTION
10
(Wrongful Termination in Violation of Public Policy)
II
12. Plaintiff incorporates each allegation set forth in paragraphs 1 through 11.
12
13. The preface to the Califomia Labor Code § 132a states: "It is the declared policy
13
of this state that there should not be discrimination against workers who are injured in the course
14
and scope of their employment." [
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16 14. Government Code §§ 12940 et seq., 12945.2 prohibit employers from terminating
17 an employee for exercising any right under the Califomia Fair Employment and Housing Act
("FEHA"). 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36(OSHA and CalOSHA,
18
respectively) require employers to provide a reasonable reporting procedure for employees to
19
report a work-related injury or illness within a reasonable time after the employee realizes that
20
she had a work-related injury or illness, and prohibits policies with rigid prompt-reporting
21
requirements that discipline, discharge, and/or discriminate against employees for late reporting
22
when the employee could not have realized that she has a work-re ated injury or illness,
23
15. As stated herein, Plaintiff suffered an injury to herleft knee while performing
24
work for Defendants. This injury required Plaintiff to take time off work, file a workers'
25
compensation claim and seek medical treatment. The knee injury caused Plaintiff chronic pain
26
and interfered with Plaintiffs ability to work. Further, Plaintiff was not initially aware of her
27
work-related knee injury until January 3, 2019, but promptly reported her injury to Defendant
28
when she became aware of it. As alleged herein. Defendants terminated Plaintiff based on her
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disability, and utterly failed in its obligation to engage m the interactive process and/or provide a
2
reasonable accommodation, in violation of the public policiesfiirtheredby FEHA and the Labor
3
Code. Defendants further terminated Plaintiff based on her allegjed violation ofthe Critical
4
Safety Behaviors policy, which violates 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36.
5
16. Defendants terminated Plaintiffs employment based upon her disability, because
6
of Plainfiff s work-place injury and decision to file a workers' compensafion claim, and because
7
of her alleged violation of the Critical Safety Behaviors policy. The conduct of Defendants
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constitutes unlawful disability discriminafion based on Plaintiffs work-related injury in violation
9
of the Califomia public policies embodied in Labor Code § 132a and the FEHA. Defendants'
10
terminafion of Plaintiff s employment via the Critical Safety Behaviors policy also violates
11 federal and Califomia OSHA regulations. Plainfiff s work-related injury and disability were
12 substantial motivating reasons for Plaintiffs discharge, causing Plaintiff harm.
13
17. As a result of Defendants' discriminatory actions against her, Plaintiff has
14
suffered and continues to suffer damages in the form of lost wages and other employment
15
benefits, and severe emotional and physical distress, the exact amount of which will be proven at
16 trial.
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18. Defendants and each of them acted for the purpose of causing Plaintiff to suffer
18
financial loss and severe emotional distress and physical distress and are guilty of oppression and
19 I
20 malice, justifying an award of exemplary and punitive damages in an amount to be proven at
21 h-ial.
22 SECOND CAUSE OF ACTION
(Retaliation in Violation of Public policy)
23
19. Plaintiff incorporates each allegation set forth in paragraphs 1 through 18.
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20. Califomia Labor Code § 132a states: "It is the declared policy of this state that
25
there should not be discrimination e^ainst workers who are injured in the course and scope of
26
their employment." Government Code §§ 12940, § 12945.2 prohibit Defendantsfromretaliafing
27
against an employee for exercising anyrightunder the FEHA anji/or California's Workers'
28
Compensafion system. 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36 (OSHA and
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CalOSHA, respectively) require employers to provide a reasonable reporting procedure for
2
employees to report a work-related injury or illness within a reasonable time after the employee
3
realizes that she had a work-related injury or illness, and prohibits policies withrigidprompt-
4
reporting requirements that discipline, discharge, and/or discriminate against employees for late
5
reporting when the employee could not have realized that she has a work-related injury or illness
6
21. Plaintiff engaged in legally protected activity as a disabled employee under the
7
FEHA and Califomia OSHA regulations, byfilinga workers' compensation claim, and seeking
8
medical treatment.
9
22. In retaliation for Plaintiffs disability, reporting of her workplace injury, and for
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herfilinga workers' compensation claim. Defendants terminated Plaintiffs employment on
II
January 10,2019 for allegedly violating the Critical Safety Behaviors Policy
12
23. That Plainfiff suffered a work-place injury, reported her workplace injury,fileda
13
workers' compensation claim and was disabled were motivating reasons for Defendants'
14
decision to terminate Plaintiff on January 10, 2019.
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16 24. The conduct of Defendants constitutes wrongful discharge in retaliafion for
17 Plaintiffs disability, reporting her work-injury and exercise of workers compensationrightsin
18 violation ofthe Califomia public polices embodied under Govemment Code § 12940, § 12945.2
19 ("FEHA") and Labor Code § 132(a) ("It is the declared policy of this state that there should not
20 be discrimination against workers who are injured in the course Jind scope of their
21 employment."). Defendants' termination of Plaintiffs employment based on its unreasonable
22 Critical Safety Behaviors policy also violates Califomia OSHA regulations. Plaintiffs work-
23 related injury, her reporting, disability and exercise ofrightsunder the workers' compensation
24 system were substantial motivating reasons for Plainfiff s retaliatory discharge, causing Plaintiff
25 harm. j
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25. As a result of Defendants wrongful discharge of Pjaintiff, she has suffered and
27
continues to suffer damages in the form of lost wages and other employment benefits, and severe
28
emotional and physical distress, the exact amount of which will be proven at trial.
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26. Defendants acted for the purpose of causing Plairitiff to sufferfinancialloss and
2
severe emotional distress and physical distress and are guilty of oppression and malice, justifying
3
an award of exemplary and punitive damages which will be provjen at trial.
4
THIRD CAUSE OF ACTION
5
(Disability Discrimination in Violation of FEHA)
6
27. Plainfiff incorporates each allegation set forth in paragraphs 1 through 26.
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28. At allfimesherein mentioned, Govemment Code § 12940 etseq., § 12926.1, §
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12945.2 ("FEHA") were in full force and effect and binding upon Defendants. The FEHA
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requires that Defendants refi'ainfromdischarging any person fix)m employment on the basis of
10
physical disability or medical condition.
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29. Plaintiff is, and at all times herein mentioned was an "employee" who suffers
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from a disability as defined by the FEHA.
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30. At all times herein mentioned. Plaintiff was qualified and competent to perform
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the duties of her position, and or any other which were available,with a reasonable
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accommodation.
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31. Defendant knew that Plaintiff sufferedfroma disability that limited her major life
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activity. Plaintiff is informed and believes and thereon alleges that based upon her disability.
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Defendants terminated Plaintiffs employment, and failed to engage in the interactive process,
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and/or provide a reasonable accommodation for Plaintiff.
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32. Plaintiffs disability was a substantial motivating ijeason for Defendants' decision
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to discharge Plaintiff. Plaintiff was harmed, and Defendants' conduct was a substantial factor in
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causing Plaintiffs harm.
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33. As a result of Defendants wrongfiil discharge of Plaintiff, she has suffered and
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continues to suffer damages in the form of lost wages and other employment benefits, and severe
25
emotional and physical distress, the exact amount of which will be proven at trial.
26
34. Defendants and each of them acted for the purpose of causing Plaintiff to suffer
27
financial loss and severe emotional disfress and physical distress and are guilty of oppression and
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malice, justifying an award of exemplary and punitive damages which will be proven at trial.
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FOURTH CAUSE OF ACTION
2 I
3 (Failure to Engage in the Interactive Process in Violation of FEHA)
4 35. Plaintiff incorporates each allegation set forth in paragraphs 1 through 34.
5 36. Govemment Code § 12946(n) provides in pertinent part: "[I]t is unlawful
6 employment practice, unless based on upon a bonafideoccupational qualification, or, except
7 where based upon applicable security regulations established by the United States or the State of
8 Califomia: (n) For an employer or other entity covered by this part to fail to engage in a timely,
9 goodfaith, interactive process with the employee... to determine effective reasonable
10 accommodations, if any, in response to a request for reasonable accommodation by an
11 employee... with a... known medical condition." (emphasis added)
12 37. Plaintiff is informed and believes and on that basis alleges that the Defendants did
13 not engage in a reasonable nor meaningful interactive process with regard to Plaintiff and her
14 work-related injury, and instead immediately terminated Plaintifjr.
15 38. After Plaintiff notified Defendants of her work-related injury and disability, and
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her need for leave. Defendants failed to respond in any meaningfiil manner except to terminate
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Plaintiff on the grounds that she reported her injury in an untimely manner.
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39. Defendants through its employees and agents failed to engage in a meaningful or
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reasonable interactive process regarding Plaintiffs disability in violation of Govemment Code §
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12940(n).
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40. Plaintiff was willing to participate in an interactive process to determine whether
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a reasonable accommodation could be made so that she would be able to perform the essential
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job requirements. Defendants failed to participate in a timely good-faith interactive process with
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Plaintiff to determine whether reasonable accommodation could be made. Plaintiff was harmed,
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and Defendants' failure to engage in a good-faith interactive process was a substantial factor in
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causing Plaintiffs harm. interactive process. Plaintiff
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41. As a result of Defendants' failure to engage in the
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has suffered and continues to suffer damages in the form of lost yages and other employment
benefits, and severe emotional and physical disfress, the exact amount of which will be proven at
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trial. Plaintiff also seeks statutory attomey's fees and costs pursuant to Govemment Code §
2
12965.
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42. Defendants and each of them acted for the purpose of causing Plaintiffto suffer
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financial loss and severe emotional distress and physical distress and are guilty of oppression and
5
malice, justifying an award of exemplary and punitive damages ^hich will be proven at frial.
6
FIFTH CAUSE OF ACTION
7
(Failure to Accommodate Disability in Violation of FEHA)
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43. Plaintiff incorporates each allegation set forth in paragraphs 1 through 42.
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44. At all times mentioned herein Plaintiff sufferedfijoma physical disabilify from a
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work-related injury described above.
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45. Defendants engaged in conduct that intended to, and did, discriminate against
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Plaintiff by unlawfully failing and reftising to reasonably accommodate Plaintiffs known
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physical disabilify and related conditions and symptoms, by unlawfully failing to engage in a
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timely good faith interactive process with Plaintiff to determine effective reasonable
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accommodations for Plaintiffs known physical disabilify, and by instead terminating Plaintiff
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soon after learning of her work-related injury.
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46. Plaintiffs knee injury was a physical condition thjat limited her major life
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activities. Defendant knew of Plaintiff s knee injury that liniiited her major life activities. Plaintifl
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was able to perform the essential job duties with reasonable accommodation for her knee injury,
20
but Defendant failed to provide any reasonable accommodation for Plaintiffs condition. Plaintiff
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was harmed, and Defendant's failure to provide reasonable accommodation was a substantial
22
factor in causing Plaintiff harm.
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47. As a result of Defendants' failure to accommodate Plaintiff, Plaintiff has suffered
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and continues to suffer damages in the form of lost wages and other employment benefits, and
25
severe emotional and physical distress, the exact amount of which will be proven at trial.
26
48. Defendants and each of them acted for the purpose of causing Plaintiff to suffer
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financial loss and severe emotional disfress and physical distress and are guiify of oppression and
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malice, justifying an award of exemplary and punitive damages
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SIXTH CAUSE OF ACTION
2
(Intentional Infliction of Emotional Distress)
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49. Plaintiff incorporates each allegation set forth in paragraphs I through 48.
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50. Defendants acted intentionally and/or recklessly and subjected Plaintiff to severe
5
emotional disfress by committing outrageous acts against Plaintiff, iricluding terminating
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7 Plaintiffs employment because she suffered from a work-related injury; reported her work-
8 related injury late; terminating Plaintiffs employment in retaliation for filing a workers'
9 compensation claim; terminating Plainfiff because she sufferedfroma disabilify and due to her
10 need for a reasonable accommodation.
outrageously with the intent of
II 51. In doing the acts herein alleged. Defendants acted
severe emotional distress to
12 causing (or with reckless disregard of the probabilify of causing)
13 Plaintiff. Defendants' conduct was outrageous because Defendarits knew Plaintiff was injured at
14 work and became disabled, and hence needed special accommodations to heal. Knowing this.
15 Defendant fired Plaintiff right after she made her workers' compensation
I
claim, violating her
16 right to privacy in her medical records in the process. 1
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52. Defendants' actions directly and proximately resulted in Plaintiff suffering and
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continuing to suffer exfreme and severe anguish, humiliation, embarrassment, emotional disfress,
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mental suffering, nervousness, tension, anxiety, and depression, all to Plaintiffs detriment in a
20
sum to be ascertained according to proof.
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53. As a direct, foreseeable, and proximate result of D^efendants' actions, and each of
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its actions alleged in this cause of action, the Plaintiff has suffered, and continues to suffer,
23
substantial losses in job opportunities, career losses, salary, bonuses, job benefits and other
24
employment benefits she would have received had said Defendants' actions, and each of their
25
actions, not caused her such emotional suffering and grief, all to Plaintiffs damage in a sum to
26
be ascertained according to proof.
27
54. As a direct, foreseeable, and proximate result of Defendants' actions as alleged in
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this cause of action, which were intentional, malicious, oppressive, and made in a bad faith
manner in an attempt to vex, injure, annoy, and or willfiilly and consciously disregarded the
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Plaintiffsrightsby taking the actions alleged in this cause of action, the Plaintiff prays for
2
punitive damages against Defendants to be ascertained according to proof, but in a sufficiently
3
large amount to punish said Defendants, deter future conduct by said Defendant, and to make an
4
example of said Defendant.
5
SEVENTH CAUSE OF ACTION
6
(Unfair Competition Law)
7
55. Plaintiff incorporates each allegation set forth in paragraphs 1 through 54
8
56. Defendants' Critical Safety Behaviors policy states in relevant part, "Immediately
9
report all incidents to your supervisor, management team member no matter how minor or
10
without exception", and that "[a]ny violation of these Critical Safety Behaviors will result in
II
immediate termination of employment."
12
57. 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36 (OSHA and CalOSHA,
13
respectively) require employers to provide a reasonable reporting procedure for employees to
14
report a work-related injury or illness within a reasonable time after the employee realizes that
15
she had a work-related injury or illness, and prohibits policies with rigid prompt-reporting
16
requirements that discipline, discharge, and/or discriminate against employees for late reporting
17
when the employee could not have realized that she has a work-ijelated injury or illness. These
18
regulations are intended to ensure that employers' policies do not discourage reporting
19
workplace injuries.
20
58. Defendants' Critical Safety Behaviors policy facially is in violation of the time
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and manner requirements of Califomia OSHA regulations as detailed in Paragraph 58 above for
22
not being reasonable. Further, Plaintiff was immediately terminated due to her reporting of her
23
work-related injury allegedly late, although she first became aware of it on or about January 3,
24
2019. Defendants' conduct is in further violation of the prohibition against discharging or
25
discriminating against an employee for alleged late reporting when Plaintiff could not have
26
realized that she had a work-related injury or illness.
27
59. The Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) allows an
28 !
employee suffering an injury-in-factfroman employer's OSHA regulation violations to bring a
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private cause of action, with federal OSHA requirements providing a nationwidefloorof
2
protection which state OSHA requirements can expand upon. (Solus Indus. Innovations, LLC v.
3
Superior Court (2018) 4 Cal. 5th 316, 326, 345-47.)
4
60. The conduct of Defendants alleged herein, including Defendants' termination of
5
Plaintiff based on her disability in violation of FEHA, and Defendants' termination of Plaintiff
6
for herreportingof her work-place injury, and for opening a claim for workers' compensation in
7
violation of public policy, as alleged herein, constitute false, unfair,fraudulentand deceptive
8
business practices within the meaning of the Unfair Competition Law.
9
61. Additionally, the fact that Defendants' Critical Safety Behaviors policy is not
10
complaint with Califomia OSHA regulations, and Defendants termination of Plaintiff based on
11
its unfair and unreasonable Critical Safety Behaviors policy, as alleged herein, constitute false,
12
unfair,fraudulentand deceptive business practices within the meaning ofthe Unfair Competition
13
Law.
14
62. Plaintiff is entitled to an injunction, including requiring Deferidants tp modify and
15
adopt a new OSHA compliant policy/practice forreportingworll-place injuries, and other
16
equitable relief against such unlawful practices in order to preventfiituredamage, for which
17
there is no adequate remedy at law, and to avoid a multiplicify of lawsuits.
18
63. As a result of their unlawful acts. Defendants should be enjoined fiom. its herein-
19
described conduct and restore to Plaintiff her wrongfiiUy-withhed compensation pursuant to
20
Business & Professions Code § 17203. Plaintiff is informed andbelieves and based thereon
21
alleges that Defendants are unjustly enriched by their unlawful conduct and business practices as
22
alleged herein.
23
64. As a direct and proximate result of the unfair business practices of Defendant,
24
Plaintiff is entitled to equitable and injunctive relief, including ftill restitution and/or
25
disgorgement of all wages which have been unlawfully withheldfromPlaintiff as a result ofthe
26
business acts and practices described herein, and enjoining Defendant to cease and desist from
27
engaging in the practices described herein.
28
WHEREFORE, Plainfiff prays for the following relief:
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A. As to the First Cause of Action,
. 2
a. Compensatory damages according to proof at trial;
3
b. General and special damages in order to compensate Plainfiff for loss ofjob
4
securify, failure to properly advance within her career, damage to reputation,
5
expenses and physical, mental and emotional injuries according to proof at
6
trial;
7
c. Exemplary and punitive damages according to proof at trial;
8
d. Prejudgment eind postjudgment interest; arid
9
e. Any otherreliefthe court deems proper.
10
B. As to the Second Cause of Action
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a. Compensatory damages according to proof at frial;
12
b. General and special damages in order to compensate Plaintiff for loss ofjob
13
securify, failure to properly advance within her career, damage to reputation,
14
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15 expenses arid physical, mental and emotional injuries according to proof at
16 . trial; proof at trial;
17 c. Exemplary and punitive damages according toto]Govemment Code § 12965;
18 d. Reasonably attorneys' fees and costs pursuant i
19 e. Prejudgment and postjudgment interest; and
20 f. Any other relief the court deems proper.
21 C. As to the Third Cause of Action,
22 a. Compensatory damages according to proof at frial;
23 b. General and special damages in order to compensate Plaintiff for loss ofjob
24 securify, failure to properly advance within her career, damage to reputation,
25 expenses and physical, mental and emotional injuries according to proof at
26 trial;
27 c. Exemplary and punitive damages according to proof at frial;
28 d. Reasonably attorneys' fees and costs pursuant to Govemment Code § 12965;
e. Prejudgment and postjudgment interest; and
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f. Any other relief the court deems proper.
2
D. As to the Fourth Cause of Action,
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a. Compensatory, damages according to proof atfrial;
i
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b. General and special damages in order to compensate Plaintiff for loss of job
5
securify, failure to properly advance withiri her career, damage to reputation,
6
expenses and physical, mental and emotional injuries according to proof at
7
trial;
8
c. Exemplary and punitive damages according to proof at trial;
9
d. Reasonably attorneys' fees and costs pursuant' to Govemment Code § 12965;
10
e. Prejudgment and postjudgment interest; and
II
f. Any other relief the court deems proper.
.12
E. As to the Fifth Cause of Action,
13
a. Compensatory damages according to proof at frial;
14
b. General and special damages in order to compensate Plaintiff for loss ofjob
15 i
16 securify, failure to properly advance within her career, damage to reputation,
17
i
expenses and physical, mental and emotional injuries according to proof at
18
frial; proof at trial;
19
to]Government Code § 12965;
c. Exemplary and punitive damages according to'
20
d. Reasonably attorneys' fees and costs pursuant i
21
e. Prejudgment and postjudgment interest; and
22
f. Any other relief the court deems proper.
23
F. As to the Sixth Cause of Action,
24
a. General and special damages for mental and emotional injuries according to
25
. proof at frial; proof at trial;
26
b. Exemplary and punitive damages according to ]
27
c. Prejudgment and postjudgment interest; and
28
d. Any other relief the court deems proper.
G. As to the Seventh Cause of Action,
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a. For preliminary and permanent injunctions pursuant to Business &
2
Professions Code § 17203, enjoining and resfraining Defendants from
3
continuing the unlawfiil and unfair business practices set forth above and
4
requiring the establishment of appropriate and effective means to prevent
5
future violations;
6
b. For restitution of wages and benefits due which were acquired by means of
7
any unfair business practice, according to proof; and
8
c. Any other relief the court deems proper.
9
Dated this 24* of January, 2020
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Arash S. Khosrowshahi
13 Joshua Falakassa
Attomeys for Plaintiff SAJIDA ZAMAN
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1JOSHUA F. FALAKASSA (SBN: 295045) FILED/ENDORSED FALAKASSA LAW, P.C. 2 1901 Avenue of the Stars Suite # 450 JAN 2 4 2020 3 Los Angeles, California 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 By:L A. Turner 4 Email: iosh@falakassalaw.com Deputy Clerk 5 ARASH S. KHOSROWSHAHI (SBN: 293246) 6 LIBERTY MAN LAW 1010 F Street, Ste. 300 7 Sacramento, Califomia 95814 Tel.: (916) 573-0469; Fax: (866) 700-0787 8 Emai): libertvmanlaw@gmail.com 9 Attomeys for Plaintiff 10 SAJIDA ZAMAN 11 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 12 13 SAJIDA ZAMAN, Case No.: 34-2019-00252121 14 Plaintiff, FIRST AMENDED COMPLAINT FOR vs. DAMAGES AND EVJUNCTIVE RELIEF 15 16 LIQUI-BOX CORPORATION, and DOES 1 through 20, inclusive. (1) WRONGFUL TERMINATION BV 17 VIOLATION OF PUBLIC Defendants. POLICY; 18 (2) RETALIATION EV VIOLATION OF PUBLIC POLICY; 19 (3) DISABILITY DISCRIMINATION 20 IN VIOLATION OF FEHA; (4) FAILURE TO ENGAGE BV THE 21 INTERACTIVE PROCESS EV VIOLATION OF FEHA; 22 (5) FAILURE TO PROVIDE A 23 REASONABLE ACC(^MMODATION BV 24 VIOLATION OF FEHA; (6) INTEl^IONAL INFLICTION OF 25 EMOTIONAL DISTRESS; 26 (7) UNFAIR COMPETITION LAW. I 27 I DEMAND FOR JURY TRLAL 28 DEMAND EXCEEDS $25,000 1 of 15 I COMES NOW PlaintifF Sajida Zaman ("Plaintiff') for causes of action against 2 Defendant Liqui-Box Corporation ("Defendanf') and Defendants Does 1 through 20 3 (collectively "Defendants") alleged as follows: 4 PARTIES 5 1. Plaintiff is, and at all relevant times was, an adult female residing in Sacramento 6 County, Califomia. 7 2. Plaintiff is informed and believes and on that basis alleges that Defendant is and 8 at ail relevant times was a corporation organized and existing under the laws of the State of Ohio, 9 with its principal place of business at 901 E. Byrd Street, Suite 1105, Richmond, Virginia 23219 10 3. Defendant does business in the County of Sacramento, State of Califomia as a bag 11 manufacturer. Defendant employed Plaintiff and more than five pjeople at its bag manufacturing 12 center located at 5000 Warehouse Way, Sacramento, Califomia 9|5826. As such, Defendant is 13 and at ai! relevant times was an "employer" defined by the Califomia Fair Employment and 14 Housing Act ("FEHA"). 15. 4. Plaintiff is ignorant of the tme names and capacities of Defendants sued herein as 16 Does 1 through 20, inclusive, and therefore sues these Defendants by such fictitious names. 17 Plainfiff will amend this Complaint to allege their tme names and capacities when the same haye 18 been ascertained. Plaintiff is informed and believes and thereupon alleges that each ofthe 19 fictitiously named Defendants is legally and/or equitably responsible for the occurrences herein 20 alleged. 21 5. At all times herein mentioned Defendants, and each of thern, were the agents and 22 employees of the other Defendants, and each of them, and in doing the things hereinafter alleged, 23 were acting in the course and scope of the agency and employment and with the permission of 24 Defendants, and each of them. 25 GENERAL ALLEGATIONS 26 6. On December 9, 2003 Defendant hired Plaintiff to work in the position of "Packer" at 27 Defendant's liquid bag manufacturing center in Sacramento, Califomia. Plaintiff was eventually 28 promoted to "Inspector-Packer," and her Job duties included packing and inspecting bags, and 2of 15 1 other labor-intensive tasks, which required standing for long periods and lifting/hauling heavy 2 loads. Over the course her 16-year employment. Plaintiff performed her job duties and regularly 3 met the expectations of her supervisors and managers. 4 7. On or about December 3, 2018, Plaintiff suffered an injury to her left knee while 5 working for Defendants. Over time. Plaintiffs knee injury gradually turnedfi'omstiffiiess into 6 consistent and considerable pain. On or about January 3, 2019, Plainfifffirstbecame aware that 7 her knee injury was work-related. Plainfiff reported the injury to Defendant, sought treatment 8 and began a workers' compensation claim. The knee injury caused chronic pain, and interfered 9 with Plaintiffs ability to walk, move, and work. 10 8. On or about January 3, 2019, Plaintiff sought medicaltreatment through Defendant's II workers' compensation medical provider as instmcted by Defend^ant's human resources 12 department. Defendant sent a human resources representative with Plaintiff, who witoessed 13 Plaintiffs medical examination without her written consent. Plaintiffs workers' compensation 14 claim was ultimately accepted by Defendant's workers' compensation insurance. 15 9. After the accompanied doctor's visit. Plaintiff was in|stmcted by Defendant's human 16 resources representative to go home until further notice. On January 8, 2019, Plaintiff was 17 instmcted by Defendant to retum to work for a meeting on January 10, 2019. At the January 10* 18 meeting Defendant terminated Plaintiffs 16-year employment because she allegedly "neglected 19 to report [her] injury timely" in violation of Defendant's Critical Safety Behaviors policy, which 20 states in relevant part "Immediately report all incidents to your supervisor, management team 21 member no matter how minor or without exception", and that "[a]ny violation of these Critical 22 Safety Behaviors will result in immediate termination of employment." 23 10. Plaintiff's injury required that she take time off work, modified work duty and/or 24 other reasonable accommodafions. However, upon learning of Plaintiff s work-related injury, 25 Defendant immediately terminated Plaintiffs employment. Plaintiffalleges that if she had not 26 become injured on the job, and that if she had hot reported her injury, andfileda workers' 27 compensation claim, she would not have been terminated. Plaintiff alleges that Defendant 28 to her disability andfilingof a retaliated against her and otherwise discriminated against her due 3 of 15 I worker's compensation claim by firing Plaintiff. Finally, Plainfiff alleges that she was terminated 2 due to her reporting of a workplace injury pursuant to Defendants' unlawful Critical Safety 3 Behaviors policy, which is unfair and unreasonable and in violation of the Califomia 4 Occupational Health and Safety Act ("CalOSHA"). 5 11. On March 7, 2019, Plaintiff filed with the Califomia Department of Fair 6 Employment and Housing (hereinafter "DFEH") a complaint charging Defendant with 7 discriminafion in violation of FEHA. On March 7, 2019, DFEH issued Plaintiff a right-to sue 8 letter. 9 FIRST CAUSE OF ACTION 10 (Wrongful Termination in Violation of Public Policy) II 12. Plaintiff incorporates each allegation set forth in paragraphs 1 through 11. 12 13. The preface to the Califomia Labor Code § 132a states: "It is the declared policy 13 of this state that there should not be discrimination against workers who are injured in the course 14 and scope of their employment." [ 15 I 16 14. Government Code §§ 12940 et seq., 12945.2 prohibit employers from terminating 17 an employee for exercising any right under the Califomia Fair Employment and Housing Act ("FEHA"). 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36(OSHA and CalOSHA, 18 respectively) require employers to provide a reasonable reporting procedure for employees to 19 report a work-related injury or illness within a reasonable time after the employee realizes that 20 she had a work-related injury or illness, and prohibits policies with rigid prompt-reporting 21 requirements that discipline, discharge, and/or discriminate against employees for late reporting 22 when the employee could not have realized that she has a work-re ated injury or illness, 23 15. As stated herein, Plaintiff suffered an injury to herleft knee while performing 24 work for Defendants. This injury required Plaintiff to take time off work, file a workers' 25 compensation claim and seek medical treatment. The knee injury caused Plaintiff chronic pain 26 and interfered with Plaintiffs ability to work. Further, Plaintiff was not initially aware of her 27 work-related knee injury until January 3, 2019, but promptly reported her injury to Defendant 28 when she became aware of it. As alleged herein. Defendants terminated Plaintiff based on her 4 of 15 1 disability, and utterly failed in its obligation to engage m the interactive process and/or provide a 2 reasonable accommodation, in violation of the public policiesfiirtheredby FEHA and the Labor 3 Code. Defendants further terminated Plaintiff based on her allegjed violation ofthe Critical 4 Safety Behaviors policy, which violates 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36. 5 16. Defendants terminated Plaintiffs employment based upon her disability, because 6 of Plainfiff s work-place injury and decision to file a workers' compensafion claim, and because 7 of her alleged violation of the Critical Safety Behaviors policy. The conduct of Defendants 8 constitutes unlawful disability discriminafion based on Plaintiffs work-related injury in violation 9 of the Califomia public policies embodied in Labor Code § 132a and the FEHA. Defendants' 10 terminafion of Plaintiff s employment via the Critical Safety Behaviors policy also violates 11 federal and Califomia OSHA regulations. Plainfiff s work-related injury and disability were 12 substantial motivating reasons for Plaintiffs discharge, causing Plaintiff harm. 13 17. As a result of Defendants' discriminatory actions against her, Plaintiff has 14 suffered and continues to suffer damages in the form of lost wages and other employment 15 benefits, and severe emotional and physical distress, the exact amount of which will be proven at 16 trial. 17 18. Defendants and each of them acted for the purpose of causing Plaintiff to suffer 18 financial loss and severe emotional distress and physical distress and are guilty of oppression and 19 I 20 malice, justifying an award of exemplary and punitive damages in an amount to be proven at 21 h-ial. 22 SECOND CAUSE OF ACTION (Retaliation in Violation of Public policy) 23 19. Plaintiff incorporates each allegation set forth in paragraphs 1 through 18. 24 20. Califomia Labor Code § 132a states: "It is the declared policy of this state that 25 there should not be discrimination e^ainst workers who are injured in the course and scope of 26 their employment." Government Code §§ 12940, § 12945.2 prohibit Defendantsfromretaliafing 27 against an employee for exercising anyrightunder the FEHA anji/or California's Workers' 28 Compensafion system. 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36 (OSHA and 5 of 15 1 CalOSHA, respectively) require employers to provide a reasonable reporting procedure for 2 employees to report a work-related injury or illness within a reasonable time after the employee 3 realizes that she had a work-related injury or illness, and prohibits policies withrigidprompt- 4 reporting requirements that discipline, discharge, and/or discriminate against employees for late 5 reporting when the employee could not have realized that she has a work-related injury or illness 6 21. Plaintiff engaged in legally protected activity as a disabled employee under the 7 FEHA and Califomia OSHA regulations, byfilinga workers' compensation claim, and seeking 8 medical treatment. 9 22. In retaliation for Plaintiffs disability, reporting of her workplace injury, and for 10 herfilinga workers' compensation claim. Defendants terminated Plaintiffs employment on II January 10,2019 for allegedly violating the Critical Safety Behaviors Policy 12 23. That Plainfiff suffered a work-place injury, reported her workplace injury,fileda 13 workers' compensation claim and was disabled were motivating reasons for Defendants' 14 decision to terminate Plaintiff on January 10, 2019. 15 I 16 24. The conduct of Defendants constitutes wrongful discharge in retaliafion for 17 Plaintiffs disability, reporting her work-injury and exercise of workers compensationrightsin 18 violation ofthe Califomia public polices embodied under Govemment Code § 12940, § 12945.2 19 ("FEHA") and Labor Code § 132(a) ("It is the declared policy of this state that there should not 20 be discrimination against workers who are injured in the course Jind scope of their 21 employment."). Defendants' termination of Plaintiffs employment based on its unreasonable 22 Critical Safety Behaviors policy also violates Califomia OSHA regulations. Plaintiffs work- 23 related injury, her reporting, disability and exercise ofrightsunder the workers' compensation 24 system were substantial motivating reasons for Plainfiff s retaliatory discharge, causing Plaintiff 25 harm. j I 26 25. As a result of Defendants wrongful discharge of Pjaintiff, she has suffered and 27 continues to suffer damages in the form of lost wages and other employment benefits, and severe 28 emotional and physical distress, the exact amount of which will be proven at trial. 6 of 15 1 26. Defendants acted for the purpose of causing Plairitiff to sufferfinancialloss and 2 severe emotional distress and physical distress and are guilty of oppression and malice, justifying 3 an award of exemplary and punitive damages which will be provjen at trial. 4 THIRD CAUSE OF ACTION 5 (Disability Discrimination in Violation of FEHA) 6 27. Plainfiff incorporates each allegation set forth in paragraphs 1 through 26. 7 28. At allfimesherein mentioned, Govemment Code § 12940 etseq., § 12926.1, § 8 12945.2 ("FEHA") were in full force and effect and binding upon Defendants. The FEHA 9 requires that Defendants refi'ainfromdischarging any person fix)m employment on the basis of 10 physical disability or medical condition. 11 29. Plaintiff is, and at all times herein mentioned was an "employee" who suffers 12 from a disability as defined by the FEHA. 13 30. At all times herein mentioned. Plaintiff was qualified and competent to perform 14 the duties of her position, and or any other which were available,with a reasonable 15 accommodation. 16 31. Defendant knew that Plaintiff sufferedfroma disability that limited her major life 17 activity. Plaintiff is informed and believes and thereon alleges that based upon her disability. 18 Defendants terminated Plaintiffs employment, and failed to engage in the interactive process, 19 and/or provide a reasonable accommodation for Plaintiff. 20 32. Plaintiffs disability was a substantial motivating ijeason for Defendants' decision 21 to discharge Plaintiff. Plaintiff was harmed, and Defendants' conduct was a substantial factor in 22 causing Plaintiffs harm. 23 33. As a result of Defendants wrongfiil discharge of Plaintiff, she has suffered and 24 continues to suffer damages in the form of lost wages and other employment benefits, and severe 25 emotional and physical distress, the exact amount of which will be proven at trial. 26 34. Defendants and each of them acted for the purpose of causing Plaintiff to suffer 27 financial loss and severe emotional disfress and physical distress and are guilty of oppression and 28 malice, justifying an award of exemplary and punitive damages which will be proven at trial. 7 of 15 1 FOURTH CAUSE OF ACTION 2 I 3 (Failure to Engage in the Interactive Process in Violation of FEHA) 4 35. Plaintiff incorporates each allegation set forth in paragraphs 1 through 34. 5 36. Govemment Code § 12946(n) provides in pertinent part: "[I]t is unlawful 6 employment practice, unless based on upon a bonafideoccupational qualification, or, except 7 where based upon applicable security regulations established by the United States or the State of 8 Califomia: (n) For an employer or other entity covered by this part to fail to engage in a timely, 9 goodfaith, interactive process with the employee... to determine effective reasonable 10 accommodations, if any, in response to a request for reasonable accommodation by an 11 employee... with a... known medical condition." (emphasis added) 12 37. Plaintiff is informed and believes and on that basis alleges that the Defendants did 13 not engage in a reasonable nor meaningful interactive process with regard to Plaintiff and her 14 work-related injury, and instead immediately terminated Plaintifjr. 15 38. After Plaintiff notified Defendants of her work-related injury and disability, and I 16 her need for leave. Defendants failed to respond in any meaningfiil manner except to terminate 17 Plaintiff on the grounds that she reported her injury in an untimely manner. 18 39. Defendants through its employees and agents failed to engage in a meaningful or 19 reasonable interactive process regarding Plaintiffs disability in violation of Govemment Code § 20 12940(n). 21 40. Plaintiff was willing to participate in an interactive process to determine whether 22 a reasonable accommodation could be made so that she would be able to perform the essential 23 job requirements. Defendants failed to participate in a timely good-faith interactive process with 24 Plaintiff to determine whether reasonable accommodation could be made. Plaintiff was harmed, 25 and Defendants' failure to engage in a good-faith interactive process was a substantial factor in 26 causing Plaintiffs harm. interactive process. Plaintiff 27 41. As a result of Defendants' failure to engage in the 28 has suffered and continues to suffer damages in the form of lost yages and other employment benefits, and severe emotional and physical disfress, the exact amount of which will be proven at Sof 15 1 trial. Plaintiff also seeks statutory attomey's fees and costs pursuant to Govemment Code § 2 12965. 3 42. Defendants and each of them acted for the purpose of causing Plaintiffto suffer 4 financial loss and severe emotional distress and physical distress and are guilty of oppression and 5 malice, justifying an award of exemplary and punitive damages ^hich will be proven at frial. 6 FIFTH CAUSE OF ACTION 7 (Failure to Accommodate Disability in Violation of FEHA) 8 43. Plaintiff incorporates each allegation set forth in paragraphs 1 through 42. 9 44. At all times mentioned herein Plaintiff sufferedfijoma physical disabilify from a 10 work-related injury described above. 11 45. Defendants engaged in conduct that intended to, and did, discriminate against 12 Plaintiff by unlawfully failing and reftising to reasonably accommodate Plaintiffs known 13 physical disabilify and related conditions and symptoms, by unlawfully failing to engage in a 14 timely good faith interactive process with Plaintiff to determine effective reasonable 15 accommodations for Plaintiffs known physical disabilify, and by instead terminating Plaintiff 16 soon after learning of her work-related injury. 17 46. Plaintiffs knee injury was a physical condition thjat limited her major life 18 activities. Defendant knew of Plaintiff s knee injury that liniiited her major life activities. Plaintifl 19 was able to perform the essential job duties with reasonable accommodation for her knee injury, 20 but Defendant failed to provide any reasonable accommodation for Plaintiffs condition. Plaintiff 21 was harmed, and Defendant's failure to provide reasonable accommodation was a substantial 22 factor in causing Plaintiff harm. 23 47. As a result of Defendants' failure to accommodate Plaintiff, Plaintiff has suffered 24 and continues to suffer damages in the form of lost wages and other employment benefits, and 25 severe emotional and physical distress, the exact amount of which will be proven at trial. 26 48. Defendants and each of them acted for the purpose of causing Plaintiff to suffer 27 financial loss and severe emotional disfress and physical distress and are guiify of oppression and 28 malice, justifying an award of exemplary and punitive damages 9 of 15 1 SIXTH CAUSE OF ACTION 2 (Intentional Infliction of Emotional Distress) 3 49. Plaintiff incorporates each allegation set forth in paragraphs I through 48. 4 50. Defendants acted intentionally and/or recklessly and subjected Plaintiff to severe 5 emotional disfress by committing outrageous acts against Plaintiff, iricluding terminating 6 I 7 Plaintiffs employment because she suffered from a work-related injury; reported her work- 8 related injury late; terminating Plaintiffs employment in retaliation for filing a workers' 9 compensation claim; terminating Plainfiff because she sufferedfroma disabilify and due to her 10 need for a reasonable accommodation. outrageously with the intent of II 51. In doing the acts herein alleged. Defendants acted severe emotional distress to 12 causing (or with reckless disregard of the probabilify of causing) 13 Plaintiff. Defendants' conduct was outrageous because Defendarits knew Plaintiff was injured at 14 work and became disabled, and hence needed special accommodations to heal. Knowing this. 15 Defendant fired Plaintiff right after she made her workers' compensation I claim, violating her 16 right to privacy in her medical records in the process. 1 I 17 52. Defendants' actions directly and proximately resulted in Plaintiff suffering and 18 continuing to suffer exfreme and severe anguish, humiliation, embarrassment, emotional disfress, 19 mental suffering, nervousness, tension, anxiety, and depression, all to Plaintiffs detriment in a 20 sum to be ascertained according to proof. 21 53. As a direct, foreseeable, and proximate result of D^efendants' actions, and each of 22 its actions alleged in this cause of action, the Plaintiff has suffered, and continues to suffer, 23 substantial losses in job opportunities, career losses, salary, bonuses, job benefits and other 24 employment benefits she would have received had said Defendants' actions, and each of their 25 actions, not caused her such emotional suffering and grief, all to Plaintiffs damage in a sum to 26 be ascertained according to proof. 27 54. As a direct, foreseeable, and proximate result of Defendants' actions as alleged in 28 this cause of action, which were intentional, malicious, oppressive, and made in a bad faith manner in an attempt to vex, injure, annoy, and or willfiilly and consciously disregarded the 10 of 15 1 Plaintiffsrightsby taking the actions alleged in this cause of action, the Plaintiff prays for 2 punitive damages against Defendants to be ascertained according to proof, but in a sufficiently 3 large amount to punish said Defendants, deter future conduct by said Defendant, and to make an 4 example of said Defendant. 5 SEVENTH CAUSE OF ACTION 6 (Unfair Competition Law) 7 55. Plaintiff incorporates each allegation set forth in paragraphs 1 through 54 8 56. Defendants' Critical Safety Behaviors policy states in relevant part, "Immediately 9 report all incidents to your supervisor, management team member no matter how minor or 10 without exception", and that "[a]ny violation of these Critical Safety Behaviors will result in II immediate termination of employment." 12 57. 29 CFR § 1904.35 and 8 CCR §§ 14300.35-14300.36 (OSHA and CalOSHA, 13 respectively) require employers to provide a reasonable reporting procedure for employees to 14 report a work-related injury or illness within a reasonable time after the employee realizes that 15 she had a work-related injury or illness, and prohibits policies with rigid prompt-reporting 16 requirements that discipline, discharge, and/or discriminate against employees for late reporting 17 when the employee could not have realized that she has a work-ijelated injury or illness. These 18 regulations are intended to ensure that employers' policies do not discourage reporting 19 workplace injuries. 20 58. Defendants' Critical Safety Behaviors policy facially is in violation of the time 21 and manner requirements of Califomia OSHA regulations as detailed in Paragraph 58 above for 22 not being reasonable. Further, Plaintiff was immediately terminated due to her reporting of her 23 work-related injury allegedly late, although she first became aware of it on or about January 3, 24 2019. Defendants' conduct is in further violation of the prohibition against discharging or 25 discriminating against an employee for alleged late reporting when Plaintiff could not have 26 realized that she had a work-related injury or illness. 27 59. The Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) allows an 28 ! employee suffering an injury-in-factfroman employer's OSHA regulation violations to bring a 11 of 15 1 private cause of action, with federal OSHA requirements providing a nationwidefloorof 2 protection which state OSHA requirements can expand upon. (Solus Indus. Innovations, LLC v. 3 Superior Court (2018) 4 Cal. 5th 316, 326, 345-47.) 4 60. The conduct of Defendants alleged herein, including Defendants' termination of 5 Plaintiff based on her disability in violation of FEHA, and Defendants' termination of Plaintiff 6 for herreportingof her work-place injury, and for opening a claim for workers' compensation in 7 violation of public policy, as alleged herein, constitute false, unfair,fraudulentand deceptive 8 business practices within the meaning of the Unfair Competition Law. 9 61. Additionally, the fact that Defendants' Critical Safety Behaviors policy is not 10 complaint with Califomia OSHA regulations, and Defendants termination of Plaintiff based on 11 its unfair and unreasonable Critical Safety Behaviors policy, as alleged herein, constitute false, 12 unfair,fraudulentand deceptive business practices within the meaning ofthe Unfair Competition 13 Law. 14 62. Plaintiff is entitled to an injunction, including requiring Deferidants tp modify and 15 adopt a new OSHA compliant policy/practice forreportingworll-place injuries, and other 16 equitable relief against such unlawful practices in order to preventfiituredamage, for which 17 there is no adequate remedy at law, and to avoid a multiplicify of lawsuits. 18 63. As a result of their unlawful acts. Defendants should be enjoined fiom. its herein- 19 described conduct and restore to Plaintiff her wrongfiiUy-withhed compensation pursuant to 20 Business & Professions Code § 17203. Plaintiff is informed andbelieves and based thereon 21 alleges that Defendants are unjustly enriched by their unlawful conduct and business practices as 22 alleged herein. 23 64. As a direct and proximate result of the unfair business practices of Defendant, 24 Plaintiff is entitled to equitable and injunctive relief, including ftill restitution and/or 25 disgorgement of all wages which have been unlawfully withheldfromPlaintiff as a result ofthe 26 business acts and practices described herein, and enjoining Defendant to cease and desist from 27 engaging in the practices described herein. 28 WHEREFORE, Plainfiff prays for the following relief: 12 of 15 I A. As to the First Cause of Action, . 2 a. Compensatory damages according to proof at trial; 3 b. General and special damages in order to compensate Plainfiff for loss ofjob 4 securify, failure to properly advance within her career, damage to reputation, 5 expenses and physical, mental and emotional injuries according to proof at 6 trial; 7 c. Exemplary and punitive damages according to proof at trial; 8 d. Prejudgment eind postjudgment interest; arid 9 e. Any otherreliefthe court deems proper. 10 B. As to the Second Cause of Action 11 a. Compensatory damages according to proof at frial; 12 b. General and special damages in order to compensate Plaintiff for loss ofjob 13 securify, failure to properly advance within her career, damage to reputation, 14 I 15 expenses arid physical, mental and emotional injuries according to proof at 16 . trial; proof at trial; 17 c. Exemplary and punitive damages according toto]Govemment Code § 12965; 18 d. Reasonably attorneys' fees and costs pursuant i 19 e. Prejudgment and postjudgment interest; and 20 f. Any other relief the court deems proper. 21 C. As to the Third Cause of Action, 22 a. Compensatory damages according to proof at frial; 23 b. General and special damages in order to compensate Plaintiff for loss ofjob 24 securify, failure to properly advance within her career, damage to reputation, 25 expenses and physical, mental and emotional injuries according to proof at 26 trial; 27 c. Exemplary and punitive damages according to proof at frial; 28 d. Reasonably attorneys' fees and costs pursuant to Govemment Code § 12965; e. Prejudgment and postjudgment interest; and 13 of 15 1 f. Any other relief the court deems proper. 2 D. As to the Fourth Cause of Action, 3 a. Compensatory, damages according to proof atfrial; i 4 b. General and special damages in order to compensate Plaintiff for loss of job 5 securify, failure to properly advance withiri her career, damage to reputation, 6 expenses and physical, mental and emotional injuries according to proof at 7 trial; 8 c. Exemplary and punitive damages according to proof at trial; 9 d. Reasonably attorneys' fees and costs pursuant' to Govemment Code § 12965; 10 e. Prejudgment and postjudgment interest; and II f. Any other relief the court deems proper. .12 E. As to the Fifth Cause of Action, 13 a. Compensatory damages according to proof at frial; 14 b. General and special damages in order to compensate Plaintiff for loss ofjob 15 i 16 securify, failure to properly advance within her career, damage to reputation, 17 i expenses and physical, mental and emotional injuries according to proof at 18 frial; proof at trial; 19 to]Government Code § 12965; c. Exemplary and punitive damages according to' 20 d. Reasonably attorneys' fees and costs pursuant i 21 e. Prejudgment and postjudgment interest; and 22 f. Any other relief the court deems proper. 23 F. As to the Sixth Cause of Action, 24 a. General and special damages for mental and emotional injuries according to 25 . proof at frial; proof at trial; 26 b. Exemplary and punitive damages according to ] 27 c. Prejudgment and postjudgment interest; and 28 d. Any other relief the court deems proper. G. As to the Seventh Cause of Action, 14ofl5 I a. For preliminary and permanent injunctions pursuant to Business & 2 Professions Code § 17203, enjoining and resfraining Defendants from 3 continuing the unlawfiil and unfair business practices set forth above and 4 requiring the establishment of appropriate and effective means to prevent 5 future violations; 6 b. For restitution of wages and benefits due which were acquired by means of 7 any unfair business practice, according to proof; and 8 c. Any other relief the court deems proper. 9 Dated this 24* of January, 2020 10 11 12 Arash S. Khosrowshahi 13 Joshua Falakassa Attomeys for Plaintiff SAJIDA ZAMAN 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 of 15