Close

Can an Employer’s Counsel Retaliate if an Employee Files a Lawsuit?

Date: May 24, 2019

Jose Arnulfo Arias, an undocumented worker, worked as a milker for Angelo Dairy. In 1997, he informed defendant employer of an offer he had received with a different dairy. In response, the employer threatened to report to federal immigration authorities that the other dairy was an employer of undocumented workers, forcing Arias to remain employed at Angelo Dairy.

In 2006, Jose Arnulfo Arias sued Angelo Dairy in California state court under California’s Unfair Competition Law for a variety of workplace violations, including failure to provide overtime pay and rest and meal periods.

After an unsuccessful mediation and a few weeks before the trial date in 2011, defendant employer’s attorney, Anthony Raimondo, retaliated against Arias by enlisting the services of U.S. Immigration and Customs Enforcement (“ICE”) to take Arias into custody at a scheduled deposition and then to remove him from the United States.

On May 8, 2013, Arias filed this lawsuit against Angelo Dairy and Raimondo in the Eastern District of California. Arias alleged that the defendants violated anti-retaliation provisions of the Fair Labor Standards Act (“FLSA”). Raimondo moved for summary judgement arguing that because he was never Arias’s actual employer, he cannot be held liable under the FLSA for retaliation against someone who was never his employee. The district court granted Raimondo’s motion to dismiss the case.

However, the Ninth Circuit reversed and remanded the case, holding that an employer’s attorney can be held liable for retaliating against his client’s employee because the employee sued his client for violations of workplace laws.

Source: United States Court of Appeals for the Ninth Circuit

Nothing in this blog should be construed as legal advice, which would vary with the specifics of an individual’s situation.


Client Reviews
★★★★★
"Very grateful to have worked with Lyon Law. They never left my side through the most difficult parts of my case and the staff was excellent. In particular, Diana Gonzalez was very patient and understanding." Armando C.
★★★★★
"The quality of service I received was fabulous and Mr. Lyon was unbelievable. That man has got an unbelievable memory and the jurors that I spoke with after my trial were also impressed by his memory and skill. Everyone in the office is extremely courteous and friendly. I would say my overall satisfaction was a 10/10." Cheryl T.
★★★★★
"My experience was easy and not as stressful as I thought, I'm just glad it's behind us. Thank you guys." Colby B.
Contact Us
Live Chat