Defendants allegedly fired employee in retaliation for whistleblowing activities
From 2008 to 2015, the plaintiff in the case of Betancourt v. OS Restaurant Services, LLC worked as a server for the defendants – OS Restaurant Services, LLC and Bloomin’ Brands, Inc. – who owned and operated a Fleming’s Steakhouse & Wine Bar on Olympic Boulevard in Los Angeles.
The plaintiff alleged the following facts in her complaint. She reported to her manager an incident where a chef was using a vegetable cutting board to prepare raw chicken, but the defendants ignored her report. She made a similar report to the defendants’ senior HR business partner. This report also said that employees were regularly being denied their 10-minute rest periods.
The plaintiff said that the defendants’ managerial employees continued preventing her from taking rest periods and started retaliating against her by highly scrutinizing her performance and by singling her out for discipline for spurious reasons. She added that the defendants issued a formal written reprimand based on false and fabricated accusations of insubordination.
The plaintiff was suspended. She claimed that the defendants’ senior HR business partner ignored her retaliation complaints and denied her request to remove the reprimand from her employment record. The defendants then fired her.
In 2016, the plaintiff filed a lawsuit against the defendants. She alleged that they wrongfully terminated her employment in retaliation against her...
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