Camille Almada v. HHCare, LLC; Jacqueline Hawk
Published: Nov. 24, 2023 | Result Date: Oct. 2, 2023 | Filing Date: Jun. 25, 2021 |Case number: CVPS2103064 Verdict – $3,000,000
Judge
Court
Riverside County Superior Court
Attorneys
Plaintiff
Justin G. Silverman
(Law Offices of Justin Silverman APC)
Jared M. Irmas
(Irmas Law APC)
Defendant
Timothy B. McClellan
(Timothy Brock McClellan, Attorney at Law)
Facts
Plaintiff Camille Almada performed work for defendant HHCare, LLC dba Heaven Heights. Heaven Heights referred plaintiff out to work as a caregiver for elderly clients in the Palm Spring area. After two years of performing work for Heaven Heights, plaintiff began to suspect that Heaven Heights was misclassifying her as an independent contractor.
Plaintiff complained to Heaven Heights' owner, Jacqueline Hawk. Heaven Heights and Jacqueline Hawk then informed plaintiff that she could not return to work for her elderly client.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that she was fired in direct retaliation for her legally-protected complaints of misclassification. Plaintiff contended that HHCare, LLC was the alter ego of its owner Jacqueline Hawk.
DEFENDANT'S CONTENTIONS: HHCare, LLC dba Heaven Heights contended it was an employment agency/referral agency and it therefore did not employ plaintiff and did not fire her.
Result
$3 million jury verdict ($2 million in general damages; $1 million in punitive damages).
Deliberation
four hours
Poll
Unanimous
Length
three weeks
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