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Plaintiff Alleges Former Employer West Valley Construction Company Engaged in Retaliation Over Safety Concerns

NORTHERN CALIFORNIA RECORD

Wednesday, March 26, 2025

Plaintiff Alleges Former Employer West Valley Construction Company Engaged in Retaliation Over Safety Concerns

State Court
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Superior Court of California - Santa Clara County | Official Website

James Burroughs, a former employee of West Valley Construction Company, Inc., has filed a lawsuit against his former employer, alleging multiple violations of California's Fair Employment and Housing Act (FEHA) and other labor laws. The complaint was filed on March 11, 2025, in the Superior Court of California, County of Santa Clara. Burroughs claims that he faced retaliation and discrimination due to his disability and for raising concerns about unsafe work practices at the company.

According to the complaint, James Burroughs began working as a Regional Safety Manager for West Valley Construction Company on December 18, 2023. Despite his extensive experience and dedication to workplace safety, Burroughs alleges that he was subjected to a hostile work environment and ultimately wrongfully terminated on March 20, 2024. He claims that the company retaliated against him after he raised concerns about safety violations and proposed changes to improve safety protocols during meetings with management.

Burroughs is a leg amputee who uses a prosthetic device and occasionally relies on a cane for mobility. He asserts that his disability became an issue when West Valley Construction Company introduced new physical requirements for his position that included lifting up to 100 pounds—an ability not previously required or necessary for his role. Burroughs contends this change was made in retaliation for his whistleblowing activities regarding unsafe practices at the company's worksites.

The lawsuit details several incidents where Burroughs reported potential safety hazards to his superiors, including inadequate atmospheric monitoring during excavations and improper handling of lead paint. Despite these reports, he alleges that management dismissed his concerns and failed to take corrective action. Furthermore, he claims that after voicing these issues, he received an altered job description with more strenuous physical demands designed to marginalize him due to his disability.

Burroughs is seeking compensatory damages for emotional distress and lost wages resulting from what he describes as wrongful termination based on discriminatory practices by West Valley Construction Company. Additionally, he seeks punitive damages due to the alleged malicious conduct by the company in violation of public policy. The complaint also demands attorney’s fees and costs associated with pursuing legal action against the defendants.

The case is being handled by attorneys David S. Ratner and Shelley A. Molineaux from Ratner Molineaux LLP. The presiding judge is yet unnamed in Case No. 25CV460837.

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