Lee R. Feldman

Feldman says he's in business to champion the rights of the underdog in employee cases--but he adds that the coronavirus crisis has altered courtroom prospects. "There are conflicting dynamics now in employment cases generally," the founding partner said of the cases he handles at Feldman Browne Olivares.

"It'll no longer be so difficult to argue to a jury that your wrongfully discharged client can't get reemployed, because so many are out of work. At the same time, it will be difficult to argue that you should have sympathy for an unemployed client, because so many are out of work. The thing cuts both ways. Not to mention the problem of ever finding a jury now. How are you going to put a bunch of people in a windowless box of a jury room while the virus persists?"

He's hearing from prospective clients with tales of Covid-related terminations. "Companies are going to lay people off, no question," he said. "But calling it a layoff doesn't insulate you from wrongful termination claims. If you are laying off those you consider troublemakers, or your older workers, or those you think will be less productive due to upcoming maternity leaves, that's a problem. A lot of people are in limbo right now. They've been told they are furloughed, but they are not sure they will be asked to come back. It is a difficult time for everyone."

Feldman settled in April for $7.1 million and injunctive relief claims on behalf of 21,000 job applicants that Los Angeles County violated their privacy rights by requiring answers to intrusive medical questions. The deal eliminated the objectionable questionnaire and came with a proviso that those who suffered an adverse employment action because of it can sue for individual relief.

Feldman has three such clients proceeding with litigation, including his lead plaintiff in the class action, Danessa Valentine. "She applied to be a social worker and they asked her if she ever had cancer. Who cares if she had cancer?" Feldman said. When Valentine said she wasn't sure, the county demanded her medical records and found a diagnosis for a precancerous condition. "They said she lied and rescinded the job offer," Feldman said. Valentine v County of Los Angeles, BC602184 (L.A. Super. Ct., filed Nov. 24, 2015).

In an ongoing sexual harassment and retaliation claim, Feldman has filed on behalf of a gym employee who alleges a director at the company subjected her to unwanted touching, demeaning treatment and sexual propositions. Doe v. Equinox Holdings Inc., 19STCV09937 (L.A. Super. Ct., filed March 22, 2019).

"Since Harvey Weinstein, you've seen a sea change--most companies want to settle fast and avoid the bad publicity," Feldman said. "Not here. It's shocking they are defending this indefensible case."

-- John Roemer