Teresa Lopez, a long-time employee of Taco Ranchero in Santa Maria, wants her wages and tip money back.
In a lawsuit filed in Santa Maria Civil Court in early November, Lopez alleges that her former employer, Francisco Fernandez, garnished her wages and tips and denied her proper rest periods during her shifts.
Under California law, employees are entitled to a break period of 30 minutes if they work a shift of five to 10 hours. However, employers aren’t required to make sure their employees take their breaks.
Lopez worked for Taco Ranchero as a waitress from 2005 to October 2013.
She also accuses Fernandez and other unnamed employees of “outrageous” sexual behavior, touching her in intimate parts of her body, making inappropriate comments while at work, and attempting to pressure her into a sexual relationship.
Fernandez and his wife, Maria, are owners of the restaurant near the corner of East Jones and Broadway. Messages the Sun left at their restaurant and on their cell phones seeking comment weren’t returned. They’re both listed as defendants in the lawsuit
However, Lopez’s attorney—the Alhambra-based Robert S. Doble—told the Sun that the Fernandezes have 30 days to respond to the lawsuit.
The Fernandezes hired legal representation out of Los Angeles, according to Doble. In addition, Lopez accuses her former employer of retaliation by reducing her hours.
From the 11 charges in the lawsuit, Lopez is seeking more than $2 million in damages.
This article appears in Nov 13-20, 2014.