Caretaker for elderly misclassified as independent contractor. $3M. Riverside County.

Summary

Woman caring for elderly patients in their homes is taken off the job after she complains about being misclassified as an independent contractor.

Case Name: Camile Almada v. HHCare, LLC, Jacqueline Hawk
Court and Case Number: Riverside Superior Court / CVPS2103064
Date of Verdict or Judgment: Monday, October 02, 2023
Date Action was Filed: Friday, June 25, 2021
Type of Case: Employment, Intentional Infliction of Emotional Distress, Whistleblower, Wrongful Termination
Judge or Arbitrator(s): Hon. Kira L. Klatchko
Plaintiffs:
Camille Almada, 61
Defendants:
HHCare, LLC dba Heaven Heights
Jacqueline Hawk
Type of Result: Jury Verdict

Gross Verdict or Award: $3,000,000
Award as to each Defendant:
$1,500,000 to HHCare, LLC dba Heaven Heights

$1,500,000 to Jacqueline Hawk
Economic Damages:
None requested.
Non-Economic Damages:
$500,000 in past emotional distress against HHCare, LLC dba Heaven Heights

$500,000 in future emotional distress against HHCare, LLC dba Heaven Heights

$500,000 in past emotional distress against Jacqueline Hawk

$500,000 in future emotional distress against Jacqueline Hawk
Punitive Damages:
$500,000 against HHCare, LLC dba Heaven Heights

$500,000 against Jacqueline Hawk
Trial or Arbitration Time: 3 weeks
Jury Deliberation Time: Approx. four hours
Jury Polls: Unanimous

Attorney for the Plaintiff:
Law Offices of Justin Silverman, APC by Justin Silverman, Sherman Oaks.

Irmas Law APC by Jared Irmas, Woodland Hills.
Attorney for the Defendant:
Timothy Brock McClellan, Palm Desert.

Facts and Background:
Plaintiff performed work for defendant HHCare, LLC dba Heaven Heights. Heaven Heights referred plaintiff out to work as a caregiver for elderly clients in the Palm Springs area.

After two years of performing work for Heaven Heights, plaintiff began to suspect that Heaven Heights was misclassifying her as an independent contractor. Plaintiff complained to Heaven Heights’ owner, Jacqueline Hawk. Heaven Heights and Ms. Hawk then informed plaintiff that she could not return to work for her elderly client.
Plaintiff's Contentions:
Plaintiff contended that she was fired in direct retaliation for her legally protected complaints of misclassification.

The theory of IIED was that the termination itself constituted IIED – both against HHCare and Jacqueline Hawk as an individual. Evidence supporting this were text messages from Jaqueline Hawk to plaintiff terminating her in a very aggressive manner.

Also, that HHCare, LLC was the alter ego of its owner Jacqueline Hawk.
Defendant's Contentions:
HHCare, LLC dba Heaven Heights contended it was an employment agency/referral agency and it therefore did not employ plaintiff and did not fire her.

Jury found unanimously that HHCare, LLC was the alter ego of Jacqueline Hawk.