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Employment Law
Wage and Hour
Wrongful Termination

Ying Gao v. Guang An Run International Investment Corp., Guang Hong International Investment Corp., Ting Ting Sun dba Pivoine Nail Spa, and Does 1 to 100 / Shi Lin Wang v. Guang An Run International Investment Corp., Guang Hong International Investments Corp., Ting Ting Sun dba Pivoine Nail Spa, and Does 1 to 100

Published: Oct. 8, 2016 | Result Date: Jul. 28, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC566970 consolidated with BC567385 Verdict –  $39,112

Court

L.A. Superior Central


Attorneys

Plaintiff

Paul P. Cheng
(Law Offices of Paul Chang)

Julia C. Tsai

Grigor Gregg Sirmabekhian
(Law Offices of Paul P Cheng & Associates)


Defendant

Francisco J Nicholas
(Carlson & Nicholas LLP)


Facts

Plaintiffs brought a wage and hour action following their termination from Pivoine Nail Spa, in Pasadena. Ying Gao worked as a bookkeeper and Shi Lin Wang worked as a nail technician. Guang An Run International Investment Corp. and Guang Hong International Investment Corp. filed a cross-complaint against Gao for conversion.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that during their employment they were not paid overtime wages they had earned or given meal or rest breaks. Furthermore, they claimed that they were discriminated against based on their race and wrongfully terminated. Additionally, Gao alleged that her termination was in retaliation for complaining to her employers about their hiring of undocumented employees.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations and asserted various affirmative defenses. In their cross-complaint, defendants alleged that on or around her termination date Gao systematically converted, destroyed and deleted records and information belonging to Guang An and Guang Hong, including tax and payroll information, leaving them unable to defend against the lawsuit.

Result

The jury found in favor of plaintiffs on their wage and hour claims, finding that defendants committed overtime, meal breaks, rest breaks and time card violations. It awarded plaintiffs total damages of $39,112.40. It returned a defense verdict on the causes of action for race discrimination, wrongful termination, and whistleblower retaliation.


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