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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Restaurant Chain Accused Of Wage Theft And Sexual Harassment By Employee

State Court
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A California woman has filed a comprehensive lawsuit against a chain of restaurants, alleging a myriad of labor violations and sexual harassment. The complaint was filed by Lilliana Delgado in the Superior Court of California, County of Santa Clara, on September 3, 2024, against Carnitas El Rincon Inc. and its associated entities and individuals.

According to the court documents, Delgado accuses Carnitas El Rincon Inc., along with Guilebaldo Guerrero, Rafael Guerrero, Jose Francisco Guerrero, and several other associated entities (collectively referred to as "Carnitas El Rincon"), of multiple labor law violations. Delgado's allegations include failure to compensate for all hours worked, failure to pay minimum wages and overtime, failure to provide accurate itemized wage statements, and failure to pay wages owed every pay period. Additionally, she claims that the company did not provide mandatory rest and meal breaks and failed to reimburse business expenses.

Delgado began her employment with Carnitas El Rincon around 2023 as a cashier/preparation staff member at an hourly rate of $17.80. She asserts that the company engaged in "time shaving" practices by rounding down hours worked and not compensating for off-the-clock work. This practice allegedly led to unpaid wages for both regular and overtime hours. Furthermore, Delgado contends that the company did not include bonuses or incentive payments when calculating employees' regular rates of pay for overtime purposes.

The plaintiff also highlights systemic issues within the company's operations that hindered employees from taking legally mandated rest and meal breaks due to understaffing and heavy workloads. Delgado claims she never received a single timely or uninterrupted rest break during her tenure at Carnitas El Rincon.

In addition to labor violations, Delgado alleges severe instances of sexual harassment by her manager Carlos Mora. According to her complaint, Mora frequently touched her inappropriately and made sexually suggestive comments. Despite reporting these incidents to the owners of Carnitas El Rincon, no action was taken to address or rectify the situation.

Delgado seeks various forms of relief from the court including compensatory damages for lost wages and benefits, special damages for economic injuries suffered due to unlawful conduct by Carnitas El Rincon Inc., punitive damages for sexual harassment claims under FEHA (Fair Employment and Housing Act), restitution for unfair business practices under Business & Professions Code Section 17200 et seq., civil penalties under PAGA (Private Attorneys General Act), attorney’s fees where applicable by law including but not limited to pursuant California Labor Code section 2698; Government Code Section 12940 et seq.; costs incurred during litigation process among others forms as deemed just proper by court jurisdiction limits specified therein complaint documentations submitted.

The case is being handled by Harout Messrelian from Messrelian Law Inc., while Judge J. Nguyen will be presiding over it under Case ID: 24CV446642.

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