Javier Moncayo v. Holiday Inn, Aqua Enterprises Inc., Intercontinental Hotels Group Resources
Published: May 15, 2010 | Result Date: Mar. 1, 2010 | Filing Date: Jan. 1, 1900 |Case number: CIV478734 Verdict – Defense
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Javier Moncayo worked for defendants Houlihan's and Holiday Inn as a server, breakfast supervisor, and banquet manager beginning Sept. 1, 2006 until Nov. 23, 2007. Moncayo was employed directly by defendant Aqua Enterprises Inc. Moncayo filed suit against Holiday Inn and Aqua Enterprises, alleging sexual harassment, national origin harassment, retaliation, failure to prevent harassment and retaliation, wrongful discharge, failure to pay wages for meal and rest breaks, and waiting time penalties.
Contentions
PLAINTIFF'S CONTENTIONS:
Moncayo contended that Holiday Inn and Aqua Enterprises were an integrated enterprise liable as his employer. Moncayo also alleged that the companies tolerated a hostile environment based on race and gender, retaliating against him with termination three days after he talked with the Equal Employment Opportunity Commission. Moncayo stated that the companies failed to investigate his harassment claims and that he had been misclassified as an exempt employee and denied overtime, rest and meal breaks.
DEFENDANTS' CONTENTIONS:
Holiday Inn and Aqua Enterprises denied any wrongdoing, arguing that Moncayo deliberately lied under oath and fabricated allegations. The defense further contended that Moncayo spent time with his future wife, a Holiday Inn housekeeper he married after he was terminated, instead of performing his job duties.
Damages
Moncayo sought damages for emotional distress and back pay.
Result
The jury rendered a verdict for the defense.
Length
six weeks
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