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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

Franciscan Restaurant employees file suit alleging fraud and other counts regarding rest breaks

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SAN FRANCISCO – Current and former employees of a Fisherman's Wharf, San Francisco restaurant allege they were not provided adequate meal and rest breaks.

Burak Barkoren, Jean Pierre Battaglia, Rosolino Battaglia, Matthew Castro, Oliver Castellanos, Ernesto Aguayo, Amauris German Fumagalli, Ben-Joaquin Torres, Marta-Kristi Pold and Anzhalika Leonenka filed a complaint on March 29 in the San Francisco County Superior Court against SFS 39 Inc., Franciscan Restaurant, Drew Cronis and Does 1-50 alleging fraud/deceit, negligent hiring and supervision and other counts.

According to the complaint, the plaintiffs allege that the defendants made them clock out for a break and immediately clock back in with another employee's time card to falsify records, and that they were threatened with termination if they did not do so. 

The plaintiffs seek special and general damages of more than $25,000, punitive damages, restitution, all legal fees, statutory damages and any other relief as the court deems just. They are represented by Joseph G. Sweeney of Law Offices of Joseph G. Sweeney, PC in Oakland and by Rey Mordecia Hassan of Hassan Law Firm in San Francisco.

San Francisco County Superior Court Case number CGC17557821

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