Facts

In January 2012, Juan Cervantes began to work as a prep cook, cook, and dishwasher for Great Kahn's Mongolian BBQ at the Southland Mall in Hayward. He later sued the franchise owner, GKS SNS Inc., and Hyunglim Ji, the president and chief executive officer, alleging discrimination and a hostile work environment, among other things.

PLAINTIFF'S CONTENTIONS:
Cervantes claimed that his supervisor constantly verbally abused him and other Latino employees. The supervisor also did not allow him and other Latino employees to take meal breaks and required him to use unsafe food preparation practices. Cervantes further claimed that the supervisor committed assault and battery against him. When Cervantes reported his concerns to other superiors, he was fired.

He asserted causes of action for battery, assault, false imprisonment, constructive discharge, discrimination, harassment, and intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Defendants denied Cervantes's allegations, and claimed that he had only complained about issues related to his break. Ji claimed that when he tried to speak with him about his concerns, Cervantes was upset and hostile. Ji claimed that he offered to assign the store manager to another location so that Cervantes would not have to work with him. He finally claimed that rather than terminating Cervantes, Cervantes had resigned.

Result

The court found for Cervantes on multiple claims, and awarded him $26,600. Plaintiff was also awarded $56,025 in attorney fees and a memorandum of costs for $3,930 was uncontested. Plaintiffs award totaled $86,555.