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Plaintiff Accuses Former Employer TCG Construction of Wage Theft and Retaliation

NORTHERN CALIFORNIA RECORD

Saturday, February 8, 2025

Plaintiff Accuses Former Employer TCG Construction of Wage Theft and Retaliation

State Court
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Superior Court of California - County of San Francisco | Official website

The complaint filed by Celso D. Romero Mendez against TCG Construction, Inc., and Derek J. Flores outlines a series of serious allegations concerning labor law violations and wrongful termination. Filed on January 22, 2025, in the Superior Court of California, County of San Francisco, the lawsuit accuses TCG Construction and its executive Derek J. Flores of multiple breaches of California's labor laws.

Celso D. Romero Mendez, represented by attorney Parviz Darabi from the Law Offices of Parviz Darabi, claims that during his employment with TCG Construction from February 3, 2023, to September 13, 2024, he was subjected to numerous unlawful employment practices. The complaint details violations including failure to pay overtime wages as required under Labor Code sections 510 and 1194, failure to provide meal and rest periods in accordance with sections 226.7 and 512, secret underpayment of wages contrary to section 223, and failure to indemnify for expenses incurred while performing job duties under section 2802.

Romero alleges that despite working beyond eight hours per day or forty hours per week regularly, he was not compensated for overtime work. Furthermore, he claims that TCG Construction systematically altered timecards to reduce reported hours worked and failed to pay him for "off-the-clock" work such as responding to after-hour calls or donning protective gear before shifts. Additionally, the complaint highlights that Romero was denied proper meal breaks and rest periods; instead, these were deducted from his wages without being provided or compensated for.

In addition to wage-related grievances, Romero asserts that he faced retaliation after reporting unsafe working conditions and discrimination due to his medical condition following workplace injuries sustained in summer 2023 and July-August 2024. He contends that TCG Construction refused reasonable accommodations for his injuries which affected his ability to perform certain tasks without assistance or modified duties.

Romero seeks relief through a jury trial demanding compensatory damages for unpaid wages including interest thereon; statutory penalties; costs incurred due to non-reimbursement by the employer; damages for emotional distress caused by discriminatory practices; punitive damages owing to malicious conduct by defendants; as well as any other relief deemed appropriate by the court.

The case is presided over by Judge Sahar Enayati with Case ID CGC-25-621641. Attorney Parviz Darabi represents the plaintiff Celso D. Romero Mendez.

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