Adriana Duarte Valentines vs. Dedication and Everlasting Love to Animals

Case Background

On January 12, 2021, Plaintiff Adriana Duarte Valentines filed a Wrongful Termination lawsuit in the California Superior Court of Los Angeles County (Case number: 21STCV01322). Judges  Kristin S. Escalante, Ruth Ann Kwan, Kerry Bensinger, Yolanda Orozco, and Serena R. Murillo presided over the case.

Cause

Adriana Duarte Valentines began working with DELTA Rescue, an animal rescue organization, in June 2019 as an animal caretaker. Her duties involved caring for animals, feeding them, cleaning their cages, and performing personal errands for her employer. She worked a fixed schedule of Sunday through Friday, from 8:00 AM to 6:00 PM, at $15 per hour. Despite the employer controlling her duties, schedule, and work methods, she was misclassified as an independent contractor rather than an employee.

In September 2019, Duarte discovered she was pregnant, approximately five months along. The employer was aware of her condition and modified her duties to accommodate her pregnancy. However, on January 31, 2020, Duarte experienced pregnancy-induced hypertension, which required hospitalization. Her sister, a fellow employee, promptly reported this to the employer. Subsequently, in February 2020, Duarte was wrongfully terminated.

Injuries

Duarte experienced multiple injuries during her employment and following her wrongful termination. The misclassification as an independent contractor denied her proper employee benefits and caused complications with her tax obligations. Throughout her employment, she endured physical strain from working extended hours without mandated rest and meal breaks, which became particularly challenging during her pregnancy. The wrongful termination added to her distress, as it caused both emotional and financial harm.

She was deprived of unpaid overtime wages, which she had accrued, and the loss of her job while pregnant exacerbated her emotional and financial struggles. The wrongful termination also stripped her of the stability that employees are entitled to during pregnancy, leading to further hardship.

Damages

The financial impact of the employer’s actions was substantial. Duarte’s unpaid overtime amounted to approximately $15,750, calculated from working 20 overtime hours weekly at $22.50 per hour over 35 weeks. The denial of required rest periods throughout her 210 days of employment led to additional damages of $3,150, based on one hour of pay ($15) owed for each day without proper breaks. Duarte was also entitled to compensation for missed meal periods, as she regularly worked over 10 hours without receiving the mandated breaks. Beyond these specific calculations, Duarte sought damages for back pay, front pay, emotional distress, civil penalties, and attorney fees, with the exact amounts to be determined at trial.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Adriana Duarte Valentines
    • Counsel for Plaintiff: Viridiana Edith Aceves| Jacob A. Nalbandyan | Charlene Nercess

 

  • Defendant(s):Dedication and Everlasting Love to Animals dba D.E.L.T.A. Rescue, a California Corporation
    • Counsel for Defendants: Patricia L. Francisco Lea| Yolanda Eliza Lopez | Lawya Lujano Rangel

 Claims

Duarte’s legal claims included violations of California employment law and public policy. The misclassification as an independent contractor directly contradicted her working conditions, where the employer maintained extensive control over her duties. The employer violated several labor codes. These violations included failing to pay overtime wages, provide mandatory rest and meal periods, and maintain accurate payroll records. The case also involved serious violations of the Fair Employment and Housing Act (FEHA). These violations included pregnancy discrimination, failure to provide reasonable accommodations, and wrongful termination due to Duarte’s pregnancy-related medical condition.

The termination itself was a clear act of wrongful termination, violating California’s public policy protecting pregnant workers and retaliating against Duarte for taking pregnancy-related medical leave. These violations reflected systematic disregard for employee rights and fair employment practices.

Defense

DELTA Rescue defended its classification of Duarte as an independent contractor. The company argued that she had autonomy in animal care duties and discretion over work methods. They claimed her contractor status aligned with industry norms for skilled animal care specialists. Additionally, they asserted that Duarte was paid a higher hourly rate to offset the lack of employee benefits. The company also stated that its meal and rest break policies applied to all workers, including contractors. They claimed that Duarte chose not to take breaks, as her flexible schedule allowed for breaks during slower periods of work. Regarding overtime, DELTA Rescue argued that as an independent contractor, Duarte was exempt from overtime pay. They disputed the claim of excessive weekly overtime, suggesting discrepancies in Duarte’s reported hours.

In response to Duarte’s pregnancy discrimination claims, DELTA Rescue acknowledged that it had made accommodations for her pregnancy, including lighter duties and flexible scheduling. The employer argued that Duarte’s performance issues, which occurred before her pregnancy, were the real reasons for her termination, not her pregnancy. DELTA Rescue claimed that her wrongful termination was due to legitimate business restructuring and performance concerns.

To counter the FEHA violation allegations, DELTA Rescue emphasized its anti-discrimination policies and regular training. They also highlighted their commitment to treating all workers equally, including contractors. The company argued that Duarte was treated the same as other contractors facing attendance or performance issues. They further stated that they had engaged in good faith with Duarte to provide reasonable accommodations. They asserted that her wrongful termination had nothing to do with her pregnancy.

Jury Verdict

On November 6, 2024, the jury returned a verdict in favor of the Plaintiff, awarding Adriana Duarte $6.1 million in a Wrongful Termination lawsuit.

Court Documents:

Available Upon Request