Sarah Freeman vs. Bitchin’ Inc., et al

Case Background

On August 16, 2022, Plaintiff  Sarah Freeman filed a workplace harassment lawsuit in the Superior Court of California, San Diego County (Case number: 202200033240). Cynthia Freeland presided over this case.

Cause

Sarah Freeman worked as the Recreation Program Lead for Bitchin’ Inc. and its related entities, including Bitchin’ Sauce LLC and Bitchin’ Beach Club LLC. Her duties involved organizing recreational activities, maintaining facilities, and managing events. Freeman alleged that her direct supervisor, Drew Keefer, repeatedly subjected her to sexual harassment. He made explicit and inappropriate comments, including claims of ejaculating in her coffee and degrading references involving her family members.

Freeman reported Keefer’s tardiness and absenteeism to Human Resources. Instead of addressing her concerns, the company informed Keefer about her complaints, which led to retaliatory behavior. Following concerns from another employee, the company launched a sexual harassment investigation. Initially hesitant to participate due to fear of retaliation, Freeman eventually shared her experiences after management assured her of protection. Despite confirming Keefer’s misconduct, the company fired Freeman shortly after she cooperated in the investigation.

Freeman also claimed she was misclassified as an exempt employee, resulting in unpaid overtime and violations of her meal and rest break rights. Even after being reclassified as non-exempt, she continued working unpaid hours without legally mandated breaks.

Injuries

Freeman suffered significant emotional and mental distress from the workplace harassment and her employer’s retaliatory actions. The toxic environment caused her humiliation, anxiety, and embarrassment. Retaliatory schedule changes and termination further disrupted her personal life, exacerbating her health issues. Additionally, Freeman experienced financial harm due to unpaid wages, lost overtime, and the loss of employment benefits. These injuries deeply impacted her well-being and livelihood.

Damages

Freeman sought damages for the emotional harm caused by workplace harassment and retaliation. She requested compensation for financial losses, including unpaid overtime, withheld wages, and penalties for denied meal and rest breaks. Freeman also demanded statutory and punitive damages, asserting that the company’s actions were intentional and malicious. Additionally, she sought attorneys’ fees, litigation costs, and interest on unpaid amounts.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Sarah Freeman
    • Counsel for Plaintiff: Jeremy M. Dwork | Gabriel N. Kontarovsky
  • Defendant(s): Bitchin’ Inc. | Bitchin’ Sauce, LLC | Bitchin’ Beach Club, LLC | Starr Edwards
    • Counsel for Defendants: Brook T. Barnes

Claims

Freeman filed claims under the California Fair Employment and Housing Act (FEHA) for sexual harassment, gender discrimination, and retaliation. She alleged violations of California employment law, including misclassification, failure to pay overtime, and denial of meal and rest breaks. Freeman also accused the company of retaliatory termination after exercising her legal rights, such as participating in a harassment investigation and taking protected sick leave. Her claims emphasized the company’s failure to prevent harassment and compliance with California employment law.

Defense

The Defendants, including Bitchin’ Inc., Bitchin’ Sauce LLC, Bitchin’ Beach Club LLC, and Starr Edwards, denied Freeman’s allegations. They argued that her Complaint lacked sufficient factual support and contained vague and ambiguous claims. The Defendants maintained that any adverse actions taken were based on legitimate business purposes rather than unlawful conduct.

The Defendants contended that Freeman, an at-will employee under California law, could be terminated at any time without cause. They also argued that some claims were barred by statutes of limitations and that Freeman failed to exhaust administrative remedies. Defendants alleged that any unpaid work claims were either de minimis or fully compensated.

They denied liability for sexual harassment or retaliation and asserted compliance with California employment law. Their defenses included estoppel, waiver, and unclean hands, claiming Freeman’s conduct contributed to the issues. The Defendants sought dismissal of the case, recovery of attorneys’ fees, and a finding of no liability.

Jury Verdict

On November 27, 2024, the jury determined that Sarah Freeman was employed by Bitchin’ Inc., Bitchin’ Sauce LLC, and Bitchin’ Beach Club LLC. While the jury found her discharge was not substantially motivated by her gender, they concluded she endured workplace harassment due to her gender. Additionally, they identified meal break violations spanning 237 workdays, with Starr Edwards personally involved in these violations.

The jury awarded Freeman significant damages across several categories:

  • Past loss of earnings: $67,809
  • Future loss of earnings: $486,319
  • Past non-economic damages: $1,000,000
  • Future non-economic damages: $2,500,000
  • Punitive damages: $5,048,000 ($2,500,000 from Bitchin’ Inc., $2,500,000 from Bitchin’ Sauce LLC, and $48,000 from Bitchin’ Beach Club LLC)

In total, Freeman received $9,102,128 in damages, highlighting the severe consequences of workplace harassment and violations of California employment law.

Court Documents:

Available Upon Request