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Worker had to perform sex act to keep her job, she claimed

Amount:

$917,057.42

Type:

Decision-Plaintiff

State:

Texas

Venue:

Harris County

Court:

Harris County District Court, 125th

Case Type:

Employment – Sexual Harassment, Constructive Discharge

Case Name:

Latasha Calvert v. Anthony Anderson, Brachfeld Law Group P.C. d.b.a. Law Office of Brachfeld & Associates and Meridian Management Solutions LLC,
No. 201202542

Date:

July 31, 2014

Parties

Plaintiff(s):

Latasha Calvert (Female, 36 Years)

Plaintiff Attorney(s):

Martin A. Shellist;
Shellist Lazarz Slobin LLP;
Houston,
TX,
for
Latasha Calvert ■ Ricardo J. Prieto;
Shellist Lazarz Slobin LLP;
Houston,
TX,
for
Latasha Calvert

Defendant(s):

Anthony Anderson, 

Brachfeld Law Group P.C., 

Meridian Management Solutions LLC

Defense Attorney(s):

Not Represented;

for
Anthony Anderson, Brachfeld Law Group P.C., Meridian Management Solutions LLC

Facts:

In June 2011, plaintiff Latasha Calvert, 36, was hired as a debt collector by Brachfeld Law Group, a California corporation. She worked in the corporation’s Houston office under supervisor Anthony Anderson. Calvert left her position in August. Calvert sued Anderson, Brachfeld and a second corporation, Meridian Management Solutions, claiming sexual harassment. Plaintiff’s counsel maintained over the course of Calvert’s employment Anderson made sexual remarks, touched her in an unwelcome manner, sent her sexually graphic photographs and exposed himself to her. Plaintiff’s counsel maintained that Anderson stated to Calvert in July that he would have to terminate either her or another employee and he would retain her if she performed a sexual act. Plaintiff’s counsel maintained that Calvert complied and the other employee was terminated. Plaintiff’s counsel maintained that Anderson stated in August he would terminate Calvert if she did not have sex with him. Calvert claimed that she was constructively discharged. Plaintiff’s counsel maintained in August Calvert reported Anderson’s actions to her training supervisor, and that he instructed her to make a written report to the payroll department. Calvert delivered two written reports to the employee’s office and no action was taken, she claimed. Plaintiff’s counsel maintained Meridian was a joint enterprise with Brachfeld and a joint employer of Calvert, arguing both corporations have the same ownership, operate out of the same office and offer identical services. Defense counsel argued the defendants had made a good faith effort to prevent sexual harassment by enacting policies and procedures for dealing with accusations and that Calvert had failed to follow and exhaust those procedures. Anderson was not represented and did not file a response. Counsel for Brachfeld and Meridian withdrew prior to trial and the defendants filed a motion to strike their reply and accept a default judgment.

Injury:

Clavert claimed that Anderson’s actions and Brachfeld and Meridian’s failure to act forced her to quit her job and caused emotional distress. She sought $18,000 for past lost income, $25,000 for future lost income and $500,000 for past and future pain and suffering from Brachfeld and Meridian and $200,000 for past and future pain and suffering and $100,000 in punitive damages from Anderson, plus prejudgment interest and attorney fees.

Result:

Judge Kyle Carter entered a default judgment against the defendants. Anderson was ordered to pay $300,000 plus $15,000 in prejudgment interest and Brachfeld and Meridian $543,000 plus $32,250 in prejudgment interest and $26,807.42 in attorney fees and discovery sanctions for a total award of $917,057.42.

Latasha Calvert: $100,000 Personal Injury: Punitive Exemplary Damages; $18,000 Personal Injury: Past Lost Earnings Capability; $25,000 Personal Injury: Future Lost Earnings Capability; $47,250 Personal Injury: prejudgment interest; $26,807 Personal Injury: attorney fees; $350,000 Wrongful Death: Past Mental Anguish; $350,000 Wrongful Death: Future Mental Anguish

Trial Information:

Judge:

Kyle Carter

Editor’s Comment:

This report is based on information that was gleaned from court documents and interviews with plaintiff’s counsel.