Busser files wrongful termination suit against operators of Scala's Bistro

By Jenie Mallari-Torres | May 21, 2018

SAN FRANCISCO – A man alleges he was terminated from his job at a San Francisco restaurant because of his disability.

SAN FRANCISCO – A man alleges he was terminated from his job at a San Francisco restaurant because of his disability.

Alberto Gomez filed a complaint on April 25 in the San Francisco County Superior Court against KHRG Employer LLC, Kimpton Hotel and Restaurant Group LLC and Does 1-10 alleging retaliation, wrongful termination and other counts.

According to the complaint, the defendants do business as Scala's Bistro in San Francisco and they hired the plaintiff in 2008 as a busser. The plaintiff alleges the defendants failed to provide or authorize him to take all the rest periods he was entitled to, failed it issue itemized wage statements and failed to pay him in a timely manner.

The plaintiff also alleges that he injured his right shoulder in July 2013, sustained a left knee injury in January 2016 and a wrist injury in April 2016. He alleges when his doctor approved for him to return to work after the wrist injury, the defendants did not communicate with him about returning to work. The suit states that as of January 2018, his name was no longer on the defendants' work schedule.

The plaintiff holds KHRG Employer LLC, Kimpton Hotel and Restaurant Group LLC and Does 1-10 responsible because the defendants allegedly violated California Labor Code and discriminated against him because of his disability.

The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory, consequential, statutory and punitive damages; interest; attorney's fees; costs; unpaid wages; restitution; and further relief as the court may deem just. He is represented by Arlo Garcia Uriarte and Ernesto Sanchez of Liberation Law Group in San Francisco.

San Francisco County Superior Court case number CGC-18-566063

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