November 27, 2024 – Vista, California. In November 2024, FDM partners Golnar Fozi and Jeremy Dwork had the privilege of representing Sarah Freeman in trial against her former employers, Bitchin’ Inc., Bitchin’ Sauce, LLC, Bitchin’ Beach Club, LLC and their CEO, Starr Edwards.
Ms. Freeman was hired by defendants in late 2020 to work at a beach club in Carlsbad as a recreational program lead. Over the next year and a half, Ms. Freeman was misclassified, denied meal and rest breaks, denied overtime and subjected to sexual harassment by her direct supervisor. When Ms. Freeman complained about her supervisor’s workplace conduct, her complaint was immediately relayed to the supervisor, causing the supervisor to get angry with her and instruct to never go over his head to report him. As time went on, and the supervisor’s sexually harassing conduct continued, Ms. Freeman confided in a co-worker who in turn reported Ms. Freeman’s complaint to ownership. Ownership decided to fire the supervisor for other misconduct. In firing the supervisor, however, ownership told him that he was being fired in part due to complaints by Ms. Freeman of sexual harassment. Ater being fired, the supervisor alleged — for the very first time — that Ms. Freeman had sexually harassed him. Ownership decided to investigate the fired supervisor’s allegations against Ms. Freeman even though his claims came on the heels of his termination, his multiple stellar performance reviews of Ms. Freeman, and a lack of evidence to support the claims. Ms. Freeman was fired in March 2022. Her termination came within days of Ms. Freeman reporting to ownership her supervisor’s sexually harassing behavior and the fact that she was being forced to clock out and continue to work.
At trial, Ms. Fozi and Mr. Dwork presented evidence, including expert testimony, that defendants’ supposed investigation into sexual harassment by Ms. Freeman was incomplete, biased, and motivated by defendants’ desire to protect themselves against potential liability, not to determine the truth. The fired supervisor testified at trial that he only made the allegations against Ms. Freeman because he was upset that he had been terminated. The supervisor then testified that Ms. Freeman had never sexually harassed him in any way. Other employees testified that they had never observed Ms. Freeman sexually proposition or harass the fired supervisor, nor had they witnessed any other inappropriate behavior on her part.
On November 27, 2024, after 12 days of trial, the jury found that defendants were liable to Ms. Freeman for the sexual harassment by her supervisor, that defendants retaliated against her for participating in a workplace investigation and for complaining of being forced to work off the clock, and that defendants owed her for nearly a year and a half of unpaid overtime, rest break and meal break violations. The jury awarded Ms. Freeman more than $4,000,000 in compensatory damages.
The jury further found that Bitchin’ Inc., Bitchin’ Sauce, LLC and Bitchin’ Beach Club, LLC acted with malice, oppression and fraud, such that defendants are liable to Ms. Freeman for punitive damages. After further presentation of evidence, the jury awarded Ms. Freeman and additional $5,000,000+ in punitive damages, for a total verdict in excess of $9,100,000.
For more information on how the attorneys at Fozi Dwork & Modafferi, LLP can help you, your business or organization, please do not hesitate to call (760) 444-0039.