MLG Obtains $190K Settlement for African-American Employee

LOS ANGELES - Oct. 28, 2014 - PRLog -- Case files revealed that client-employee started work with an alternative renewable energy company as a construction site manager on October 2009. He was described as an excellent, professional, and competent employee, in which he managed to meet project deadlines and performed his duties diligently and responsibly. However, despite his success, he suffered pervasive and ongoing discrimination, harassment, and retaliation in the workplace because of his race.

In November 2009, client-employee reported to the company’s New Mexico location for a construction project. There, he filled the role of electrical supervisor. One of his co-workers, a construction supervisor, filled the role of site civil supervisor. But due to permit issues and inclement weather, the project was delayed until April 2010. The delay prompted him to start designing new construction controls for the company.

Within the period, he devised a tracking system, which he introduced in June 2010 to his three superiors; the vice president of construction, the director of construction, and director of continuous improvement. His endeavor changed the way the company tracked project installations. On the next two months, he devised two more systems that would enhance the construction project at the New Mexico site. All of these were met with huge praise; however, his superiors failed to recognize his efforts.

In fact, after client-employee finished the tracking system, his superiors did not allow him to seamlessly implement it. Instead, they tabbed site civil supervisor to do so, applying it across the company without client-employee’s knowledge or involvement. The same thing happened with the other systems he made. According to case files, the site civil supervisor is a Caucasian with no education and less experience in construction management. Meanwhile, client-employee had more experience, in which he obtained an Electrical Engineering degree with an emphasis in System Design.

By October 2010, client-employee was relocated to an Arizona site. On January 14, 2011, at a meeting, he voiced out a concern about subcontractors in the field needing to comply with the safety procedures by keeping their walkie-talkies with them at all times. One of the co-workers present at the meeting, a civil construction supervisor, started yelling and ridiculing him about how “stupid” his suggestion was. Of the 12 other employees present at the meeting, 8 of them joined in taunting client-employee. In the succeeding meetings, he was either completely ignored or treated with aggression.

One of his co-workers present at the meeting, a QA/QC technician, reported the incident to his supervisor, citing that he feared for his life and for client-employee because the latter was receiving death threats from the construction team. The technician later informed him about it, advising that he was being removed from the site. The supervisor sent the technician out to work from his home in Las Vegas, Nevada.

To make matters worse, client-employee’s co-worker, the site civil supervisor tabbed to handle the implementation of the tracking system he originally created and introduced to the company, was promoted to construction site manager in New Mexico. He went to the Arizona site to present the systems, and was given the green light to implement them.

Obviously, client-employee was humiliated and dejected; his own work should have been his to implement, but instead, the management decided to let someone else handle them. This led him to file a formal complaint to the human resources manager. He complained about the verbal assaults he faced. He also expressed his disappointment with the working environment that “fosters and hide racial prejudice.” However, the HR department failed to address his concerns. The worse part of this was that he was retaliated against; he was given negative evaluations for 2010 and 2011.

Apparently, the race discrimination, harassment, and retaliation against him further increased in severity. In August 2011, the Arizona site’s site electrical supervisor verbally assaulted client-employee at a team meeting, yelling while he was charging at him. He tried to calm him down out of fear of escalation and potential bodily harm. He feared for his life that he avoided turning his back to him as he was leaving the room. Despite the incident, no disciplinary action was ever taken against the supervisor.

Throughout the remaining two years of his employment, client-employee’s superiors and co-workers continued to single him out. Every time he devised new schemes for the company, the management let someone else implement them, robbing him of praise and recognition. They even retaliated against him by favoring less experienced co-workers over him on several tasks and gave him negative evaluations. Also, they continued to bombard him with verbal comments during team meetings; he was called such derogatory words as “water boy,” “fric and frac,” and “boy.” Not surprisingly, all the complaints he repeatedly sent to the company’s HR were never addressed.

These events took an emotional toll on the client-employee that on September 27, 2013, he took a day off from work to seek medical attention because of a nervous breakdown. He was placed on medical leave of absence by his doctor due to the continuous emotional distress, anxiety, panic attacks and mental anguish he was experiencing at the hands of the company. Consequently, his employment was constructively terminated on October 3, 2013.

Fortunately for him, he took the opportunity to seek legal assistance from the employment lawyers of the Mesriani Law Group, who quickly evaluated the case and took action on the matter. The topnotch, effective representation of the law firm paved the way for client-employee to obtain a settlement amount of $190,000.00 that covered for special, general and punitive damages he incurred.

The unmatched dedication and expertise of MLG’s employment and labor attorneys, together with the paralegal staff, were evident in this settlement victory. They guided client-employee throughout his ordeal and successfully provided him the justice he deserves.