Law Offices of Thomas M. Diachenko

WE HAVE RECOVERED TENS OF MILLIONS OF DOLLARS IN PURSUIT OF CALIFORNIA WORKERS’ RIGHTS AND WON EVERY  WAGE/EMPLOYMENT CASE WE HAVE TAKEN TO TRIAL ON BEHALF OF EMPLOYEES, INCLUDING APPEAL.

Results for Wage & Employment Cases

2019/2020: $3.8 MILLION DOLLAR RECOVERY, AFTER FOUR WEEK TRIAL

Horton v. Trident Society, Inc., Neptune Society, Inc. Neptune Management Corp., SCI Direct, Inc., and Guy Allen, SDSC Case No. 37-2016-00039356-CU-OE-CTL. Preliminary decision issued on April 19, 2019, in favor of our client for sexual harassment (for which court awarded $250,000 (everything we asked for), $70,402.90 for individual wage claims, PAGA (Private Attorney General Act) claims on behalf of over 30 outside salespeople and costs/fees award as the prevailing party bringing the total judgment to just under $2.5 million. This was followed by recovery of an additional $1.325 million for 13 additional individual worker misclassification/wage claims. This brought the total recovery to ~$3.8 million. Three other individual claims referred out yielded an additional $455,000, bringing the total payout to ~$4.25 million.

2019: MID TRIAL CONFIDENTIAL RECOVERY FOR PET STORE EMPLOYEES

Cubias, et. al. v. Protein For Pets, LLC, et. al., SDSC Case No. 37-2016-00045232-CU-OE-CTL . We recovered ~20 times more than what defendant offered pre-trial, after the defendant business owner was cross-examined by Thom Diachenko in this wage and hour/PAGA case, he decided it was time to pay what was needed to adequately compensate our clients.

2018: APPELLATE VICTORY AFFIRMING JUDGMENT ($958,834 POST APPEAL)

Atempa v. Pedrazzani (2018) 27 Cal.App.5th 809. The published Atempa decision is well recognized and frequently cited by attorneys experienced in this practice area. The Atempa case throughout the state as legal authority for its holding that individual business owners can be held personally liable for the PAGA penalties, as well as the costs and attorney fees required to recover them through trial, post judgment and appeal.

2015-2016: $275,105 POST TRIAL JUDGMENT FOR A FISHERMAN

DeNuccio v. Invicta Sportfishing, LLC et. al., SDSC Case No. 37-2014-00018885-CU-CO-CTL. After a trial concluded in November of 2015, we obtained a judgment for our client to fully compensate our client for various forms of unpaid wages, including violations of California’s minimum wage, overtime wage and premium wage requirements.

2015: POST TRIAL JUDGMENT OF $958,834, REPRESENTING TWO RESTAURANT WORKERS WITH PAGA CLAIMS FOR OTHER AGGRIEVED EMPLOYEES

Marco Atempa and Keilyn Reyes v. PAMA Inc., and Paolo Pedrazzani, SDSC Case No. 37-2013-00058208-CU-OE-CTL. After a one-week bench trial, we were able to secure a plaintiffs’ judgment for $958,834. The verdict included $197,434 awarded pursuant to the California Private Attorney General Act (PAGA), which, at the time, was one of only a handful of PAGA plaintiff’s verdicts in the state. We exposed the defendants’ time shaving, computer manipulation and forgeries at trial and established liability for various forms of wage theft warranting PAGA penalties for all of the employees.

2013-2014: POST TRIAL JUDGMENT OF $238,807, REPRESENTING A LANDSCAPER:

Cardenas v. Heyden Landscaping, SDSC Case No. 37-2012-92699-CU-WT-CTL. After a one-week bench trial, we received a decision in our favor on behalf of our client for individual unpaid wages, failure to pay for work related expenses and various other Labor Code violations.

2011: POST TRIAL JUDGMENT OF $405,756, REPRESENTING SEVEN TOW TRUCK DRIVERS:

Figueroa, et. al. v. RoadOne Towing, et. al., SDSC Case No. 37-2010-88352-CU-OE-CTL. After 4-week jury trial, we received a verdict in favor of seven tow truck drivers’ individual claims for various forms of unpaid wages and work-related expenses.

2007 POST TRIAL JUDGMENT OF $180,498, REPRESENTING A CAR SALES FINANCE MANAGER:

Flamingo Car Group v. Ghadrdan, and related cross actions, SDSC Case No. GIC 857893. After completion of trial, we defeated the employer’s bogus legal claims and obtained a judgment for our client (employee) on a cross-complaint for misclassification and various forms of unpaid wages.

CASE TYPES

- Unpaid Wages
- Minimum Wage
- Overtime
- Work Misclassification
- Independent Contractor vs. Employee
- Hourly vs. Salary
- Meal & Rest Period Violations
- PAGA Penalties
- Sexual Harassment
- Workplace Discrimination
- Whistleblowing & Retaliation