Los Angeles, CAWells Fargo has settled a wrongful termination lawsuit filed by a former employee, who alleged her decision to transition from a man to a woman led to her being fired. The California labor lawsuit was filed in July 2015, and alleged Marlo Kaitlin Gallegos suffered discrimination, harassment and wrongful termination at the hands of Wells Fargo. The terms of the settlement have not been released.
According to Patch (6/3/16), Gallegos was hired by Wells Fargo to work in the call center in August 2010 and began transitioning to a woman in December of the same year. After allegedly being told by her boss that her actions were unnatural, Gallegos complained to another supervisor who allegedly began criticizing Gallegos’s work after the complaint was made.
Even after a transfer to a new position, Gallegos alleges she suffered hostile comments about her appearance, and her complaints again were not heeded. In addition to negative comments from supervisors and colleagues, Gallegos alleged she was left out of mandatory coaching sessions and meetings and was fired in 2014 after being told Wells Fargo could no longer employ her.
Wells Fargo denied the allegations. The judge recently dismissed part of Gallegos’s case against Wells Fargo, finding Gallegos has a history of job performance problems. The lawsuit was reportedly settled but terms of the settlement have not been released.
Meanwhile, a former employee of Caithness Corp. filed a lawsuit against the company alleging breach of oral contract, discrimination and wrongful termination. According to Norcal Record (6/10/16), Katherine Oster filed the lawsuit in California alleging she was discriminated against by her male coworkers, and was not given the equity interest she was promised by her employer. Oster alleges after she complained about gender discrimination she was fired in retaliation.
It is illegal for employers to discriminate against employees on the basis of gender, gender identity or other protected characteristics. Further, it is illegal for employers to retaliate against employees for asserting their rights. Even in at-will employment states - where employee/employer relationships can be terminated at any time for no reason - there are situations in which a termination could be found to be wrongful.
Employees who believe their rights have been violated or believe they have been subject to wrongful termination are able to file a lawsuit to recover lost wages and be reinstated to their position.
The Oster lawsuit is Oster v. Caithness Corp., et al, case number 3:16-cv-03164, in US District Court, Northern District of California.