Hon. Rita “Sunny” Miller

Mediator  •  Arbitrator  •  Referee

Judge, Los Angeles Superior Court, Retired

Employment

REPRESENTATIVE CASES

  • A former employee of a tea shop claimed that she and 1300 class members were denied meal and rest breaks, overtime, and were victims of other illegal deductions from earnings.  The class action sought to add employees of eleven tea shops owned in part by the same individuals under theory that all twelve tea shops were operated as an integrated enterprise and thus should be treated as a single employer based on 1) common ownership, 2) centralized management, 3) centralized control of labor relations, and 4) interrelating operations of corporations.

  • Employee took almost one year of medical leave.  When she sought to return to work, employer took the position that she was unable for medical reasons to perform her job as a “runner” and laborer at a hotel and terminated her.  Employee sued for disability discrimination, etc.

  • Plaintiff worked at the front desk of a hotel.  His supervisor allegedly tried to get him to attend his Evangelical Christian church to date a “church lady,” said plaintiff needed to be saved, and made inquiries about plaintiff’s religious beliefs.  Plaintiff was terminated.  The employer claimed it was due to a large number of customer complaints.  Plaintiff claimed it was in retaliation for his rejection of his supervisor’s entreaties and in retaliation for reporting the supervisor to Human Resources.

  • Employee claimed she was terminated for taking too many sick days and sick leave.  Employer claimed termination was based on poor performance prior to sick leave.
  • Executive employee claimed he was constructively terminated in violation of his employment agreement due to employer’s failure to pay his salary in a timely manner on several occasions.  Employee also claimed a violation of Labor Code section that requires accurate pay stubs to be issued with salary.

  • Employee with breast cancer sued employer for failure to accommodate, family leave violations and disability discrimination after she was terminated due to length of absence from work due to unexpectedly long recovery time. Employer claimed it needed to put another person in the job and could not wait.

  • Manufacturing assembler recovering from knee surgery sued employer for failure to accommodate and disability discrimination after he was terminated for the stated reason that he made an implicit threat of violence against a supervisor.

  • Employee sued employer for sex discrimination and harassment after supervisor made flirtatious comments. Co-workers who spoke up to supervisor for this conduct sued employer for sex discrimination and whistleblower retaliation against them.

  • Substitute teacher sued school district for age, race, and sex discrimination and harassment after principal referred to him as a “big old white guy”. He also sued for disability discrimination and failure to accommodate him by failing to provide him with an elevator key causing him to use a staircase frequently with a bad knee.

  • Police officer sued the Department and City for disability discrimination and failure to accommodate her after she was off work with an injury and reassigned upon her return to a less desirable position. She alleged that the assignment was retaliatory.

  • Female police officer sued the Department and City for sex discrimination after the Department selected a male employee over her as a helicopter pilot.

  • Female employee sued employer for disability discrimination and failure to accommodate for failing to accommodate her need for frequent medical appointments.

  • Waitress sued employing restaurant.

  • Caucasian housekeeper for multi-national hotel chain sued employer for wrongful termination claiming her supervisor discriminated against non-Hispanics.

  • Nurse sued employer for whistleblower retaliation after she reported that she and other nurses were performing tasks that should only have been performed by doctors.

  • African-American in-house attorney sued employer for race discrimination.

  • Female employee who was sexually harassed in a bathroom stall on a single occasion claimed that the event was so extreme as to be sufficient to alter the conditions of her employment.

  • Police captain sued employer for wrongful termination.