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Employment Law
Wrongful Termination
Misclassification

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

Kira L. Klatchko

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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