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Plaintiff alleges construction company VBC Tracy LLC committed wage theft

NORTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

Plaintiff alleges construction company VBC Tracy LLC committed wage theft

State Court
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Angel Pichardo has filed a lawsuit against VBC Tracy LLC and its Chief Financial Officer, Andrew Houen, in the Superior Court of California, County of Santa Clara on October 7, 2024. The complaint alleges wage theft and wrongful termination linked to labor violations on a public works project in San Jose.

Pichardo claims that he was not paid the prevailing wages due for his work on the Branham/Monterey Public Works Project. He alleges that despite performing duties as a carpenter and other skilled trades, he was misclassified as a "Laborer," which resulted in lower pay. Pichardo also accuses VBC Tracy LLC and Houen of failing to provide accurate wage statements and maintain proper payroll records, violating several sections of the California Labor Code. The plaintiff further asserts that after raising concerns about these discrepancies with supervisors and HR, he faced constructive discharge when informed he would be removed from the project.

The lawsuit seeks various forms of relief including unpaid wages, penalties, liquidated damages, interest, attorneys' fees, and costs for violations of labor laws. Additionally, Pichardo is pursuing restitution under the California Unfair Competition Law (UCL) and intends to seek civil penalties under the Private Attorneys General Act (PAGA) for himself and other affected employees. The complaint details how Defendants allegedly engaged in unfair business practices by failing to compensate workers appropriately while misrepresenting wage rates in certified pay records.

Represented by Tomas E. Margain from Justice at Work Law Group LLP, Angel Pichardo aims to hold VBC Tracy LLC accountable for their alleged misconduct. The case is presided over by Judge M. Arechiga under Case No. 4CY449129.

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