Jones Joyce Cline v. Majesty Management, et al.
Published: Jan. 27, 2004 | Result Date: Dec. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC282570 Bench Decision – $0
Facts
The plaintiff, Joyce Cline, was hired as a manicurist and facialist for the defendant's Health Club and Spa on Aug. 22, 2001. After she received her first paycheck, she claimed to management that she was not paid appropriately based upon what she stated was the agreed compensation. She also claimed at a sales meeting with several employees present that the defendant violated the Labor Code by underpaying all of its employees in that cosmetologists are deemed "professionals" under the Labor Code and entitled to twice as much compensation as that which was actually being paid. The plaintiff was reprimanded for attempting to stir things up and she was asked to bring up the issues and her concerns within a private setting. The defendant then insisted that the plaintiff sign a new compensation agreement setting forth her specific compensation so as to avoid any further confusion. The plaintiff signed the agreement. Thereafter, the plaintiff filed a claim with the Labor Board alleging that the defendant had violated her rights. The plaintiff then stated that her schedule was changed and her appointments cancelled in retaliation for her filing a labor board claim. There was some confusion and inconsistencies as to whether the defendant ever received the claim. One manager stated that she was aware of the claim before the plaintiff's employment ended. The plaintiff came on the premises, clocked in and requested her final check. The plaintiff then dropped her labor board claim and filed a civil action.
Settlement Discussions
The plaintiff demanded $36,000 at the mediation and defendant offered $3,000. The plaintiff's demand was raised to $52,000 prior to trial. The defendants offered $25,000 prior to trial and the plaintiff proposed a $37,500 settlement before trial. The case did not settle.
Specials in Evidence
$38,000
Damages
The plaintiff claimed loss of earnings, punitive damages, emotional distress damages and attorneys fees pursuant to state.
Result
Judgment for the defendants on all three causes of action.
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