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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

Assistant underwriter alleges Amtrust wrongfully terminated her because of pregnancy

Wrongful term 12

SAN FRANCISCO – A San Francisco woman alleges she was terminated in retaliation for her pregnancy and taking maternity leave.

Jeannine Clark filed a complaint on Sept. 29 in the U.S. District Court for the Northern District of California against Amtrust E&S Insurance Services Inc., Amtrust North America Inc. and Tony Weddle alleging violation of the Family Medical Leave Act, the California Family Rights Act and other counts.

According to the complaint, the plaintiff alleges that she was employed as an assistant underwriter for the defendants and upon returning to work from a maternity leave on Jan. 20, 2015, she found out that her existing high performing book of business was replaced with the lowest-performing clients. The suit states she was terminated when she allegedly failed to meet her allocated target in September 2015, but the plaintiff alleges she was terminated as punishment for reporting the discriminatory treatment the previous January.

The plaintiff holds Amtrust E&S Insurance Services Inc., Amtrust North America Inc. and Weddle responsible because the defendants allegedly refused to properly investigate plaintiff's employment complaints, penalized plaintiff by demoting her, denied her the same or a similar job upon her return from maternity leave and retaliated against her for making discrimination complaints.

The plaintiff requests a trial by jury and seeks judgment in her favor, damages, back and front pay, attorneys’ fees, costs, injunctive and declaratory relief, costs of suit and further relief as the court may deem just. She is represented by Adam J. Zapala and Philip L. Gergory of Cotchett, Pitre & McCarthy LLP in Burlingame.

U.S. District Court for the Northern District of California Case number 3:16-cv-05561

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