A former employee has filed a comprehensive lawsuit against two California-based construction companies, alleging multiple violations of employment law, including discrimination, harassment, and wrongful termination. The complaint was lodged by Amado Miranda Jr. in the Superior Court of California for the County of Santa Clara on November 27, 2024, targeting West Coast Framing, Inc., Norcal Lumber Company, Inc., and several unnamed defendants.
Amado Miranda Jr., represented by attorneys Ruben Quene and Tizoc Perez-Casillas from Guerra & Casillas LLP, claims that during his tenure with the defendants, he faced a hostile work environment rife with safety violations and discriminatory practices. According to the complaint, Miranda was employed as a layout specialist in construction framing since November 18, 2022. He alleges that despite raising concerns about unsafe working conditions—specifically unenclosed elevated work areas lacking necessary guardrails—the defendants dismissed his complaints. This negligence allegedly led to a severe accident on September 18, 2023, where Miranda fell from an unsafe third-floor site due to the absence of guardrails and suffered significant injuries.
The lawsuit outlines numerous grievances under California's Government Code §§12940 et seq., accusing the defendants of discrimination based on disability following his injury-related limitations. Miranda asserts that after returning to work post-injury with medical restrictions, he was subjected to ridicule and harassment by coworkers and supervisors alike. He cites instances where derogatory comments were made about his physical capabilities and restrictions due to his injuries.
Miranda's legal action further accuses the companies of retaliating against him for reporting these issues by terminating his employment rather than transferring him to another site as initially promised. The complaint includes charges of failure to prevent discrimination and harassment, retaliation under both state labor codes and the California Family Rights Act (CFRA), wrongful termination in violation of public policy, and refusal to allow inspection of personnel records.
In seeking justice through this lawsuit, Miranda demands compensatory damages estimated at no less than $8 million for lost wages and emotional distress among other claims. Additionally, he seeks civil penalties under various labor codes totaling over $20,000 along with punitive damages aimed at deterring future misconduct by the defendants. Furthermore, Miranda requests injunctive relief against discriminatory practices within these companies and reinstatement to his former position.
The case is being presided over by Judge M. Suarez under Case ID 24CV452918 in Santa Clara County’s Superior Court. Legal representation for Amado Miranda Jr. is provided by Ruben Guerra and Tizoc Perez-Casillas from Guerra & Casillas LLP.