SAN JOSE – A Santa Clara County woman alleges her former employer has not provided documents that she has requested.
Diane B. Gu filed a complaint on April 21 in the U.S. District Court for the Northern District of California, San Jose Division against Nancy Claybaugh, administrator of the Pharmacyclics Inc. Change in Control and Severance Plan and the Pharmacyclics Inc. Change in Control and Severance Plan alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that she was employed by Pharmacyclics from June 2014 until her termination in July 2015. She alleges she submitted a claim for benefits under the company's severance plain and asked for a copy of her benefits file. She claims the defendants have never provided this file.
The plaintiff requests a trial by jury and seeks provide plaintiff a copy of her benefit file within 14 days at no cost, penalties at $110 per day from Oct. 17, 2015, all legal fees and any other relief as this court deems just. She is represented by W. George Wailes and Kevin Bryce Jackson of Aaron, Riechert, Carpol & Riffle APC in Redwood City.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02106