Rosario Tolentino, a former employee of a healthcare center, has filed a lawsuit alleging wrongful termination and multiple violations of California's Fair Employment and Housing Act (FEHA). The complaint was lodged on December 30, 2024, in the Superior Court of California for the County of Santa Clara against Cirby Holdings, LLC doing business as Mountain View Healthcare Center, Palmero Enterprises, Inc., Ryan McCormack, and additional unnamed defendants.
The case centers around Tolentino's allegations that her employment was terminated due to discrimination based on her disability and retaliatory actions following her engagement in protected activities. According to the complaint, Tolentino began working as a Social Service Coordinator for the defendants in March 2015. She asserts that after contracting COVID-19 in January 2023 and subsequently suffering from diabetes-related complications, she faced unjust reprimands and was ultimately dismissed for taking medically advised leave. Tolentino contends that these actions violated FEHA provisions which protect employees from discrimination based on disability and retaliation for engaging in protected activities such as medical leave.
Tolentino's legal filing outlines several grievances including discrimination, hostile work environment harassment, failure to provide reasonable accommodation or engage in an interactive process regarding her disability needs, and wrongful termination. The complaint also accuses the defendants of breaching both express oral contracts and implied-in-fact contracts by terminating her employment without good cause. Additionally, it alleges negligent hiring practices by retaining individuals who engaged in discriminatory conduct.
In seeking redress from the court, Tolentino demands compensatory damages for lost wages and benefits along with non-economic damages for emotional distress. She also seeks punitive damages citing malice and fraud on part of the defendants. Furthermore, she requests attorneys' fees and costs incurred during litigation as well as declaratory relief affirming her rights under FEHA.
Representing Rosario Tolentino are attorneys Carney R. Shegerian, Aaron Gbewonyo, and Isabelle Chau from Shegerian & Associates, Inc., based in Los Angeles. The case is presided over by Judge Y. Chavez under Case ID 24CV455267.