Electronically FILED by Superior Court of California, County of Los Angeles on 03/09/2022 03:33 PM Sherri R.

Carter, Executive Officer/Clerk of Court, by R. Clifton,Deputy Clerk

22STCV08523
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Richard Fruin

1 Heather McMillan (SBN 188939)

heather@scmclaw.com
2 Daniel P. Stevens (SBN 164277)
ken@scmclaw.com
3 STEVENS & McMILLAN
335 Centennial Way
4 Tustin, CA 92780
Tel. : (714) 730-1000
5 Fax: (714) 730-1067

6 Attorneys for Plaintiff

RACHEL WAYNICK
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IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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RACHEL WAYNICK, ) Case No.:
11 )
Plaintiff, )
12 ) COMPLAINT FOR DAMAGES
v. )
13 ) 1. Discrimination
PLAY VERSUS, INC. and DOES 1 ) 2. Retaliation
14 through 50, inclusive, ) 3. Failure to Prevent
) Discrimination
15 Defendants. ) 4. Pregnancy Leave Violation
) 5. Wrongful Termination
16 1 1 - - - - - - - - - - - - - - - - - '
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Plaintiff alleges:
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1. At all times mentioned in this complaint, Defendant PLAY VERSUS , INC. was a
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corporation, duly licensed, and conducting business in the County of Los Angeles, State of
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California. Their principal place of business/corporate headquarters is located in California.
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2. At all times mentioned in this complaint, Plaintiff RACHEL WAYNICK was
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a resident of California. During the relevant time period, Plaintiff was employed by and then
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terminated by Defendants.
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3. Plaintiff does not know the true names of Defendants DOES 1 through 50, inclusive,
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and therefore sue them by those fictitious names .
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4. Plaintiff is informed and believes, and on the basis of that information and belief
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alleges, that at all times mentioned in this complaint, defendants were the agents and employees of
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COMPLAINT FOR DAMAGES
 their co-defendants or otherwise responsible for the conduct complained of herein, and in doing the

2 things alleged in this complaint were acting within the course and scope of that agency and

3 employment or were otherwise responsible for the damages complained of by the Plaintiff.

4 FACTUAL ALLEGATIONS

5 5. Rachel Waynick commenced employment with Play Versus in January of 2021. She

6 informed her manager that she was pregnant on June 10, 2021.

7 6. The day after she informed her manager she was pregnant, Ms. Waynick was placed

8 onaPIP.

9 7. Ms. Waynick complained to HR about being put on a PIP right after informing her

10 manager that she was pregnant. They were dismissive of her concerns, and added additional,

11 unattainable goals to her PIP in retaliation for her complaint.

12 8. After her complaint, Ms. Waynick was bullied and treated with hostility in the

13 workplace. She complained about the harassment and retaliation to HR but she was ignored.

14 9. The ongoing adverse treatment caused Ms. Raynick to suffer extreme stress. Ms.

15 Waynick also had pregnancy complications which caused her doctor to put her on pregnancy leave

16 from July 23, 2021 through August 16, 2021.

17 10. On August 17, 2021 , the day she returned from leave, Ms. Waynick discovered she

18 was locked out of her computer. Later that day, she was terminated. The company offered her a

19 severance in exchange for a release of her claims, but she rejected the offer.

20 11. The plaintiff filed administrative complaints with the Department of Fair Housing and

21 Employment within the statutory time period and received Notices of Case Closure (Right-to-Sue

22 Letters) for each defendant named herein.

23 FIRST CAUSE OF ACTION

24 (Discrimination-Gov't Code section 12940(a))

25 (By Plaintiff Against All Defendants)

26 12. Plaintiff hereby incorporates paragraphs 1 through 11, inclusive, as though fully set

27 forth at this point.

28 13. This action is brought pursuant to the California Fair Employment and Housing Act,
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COMPLAINT FOR DAMAGES
 section 12940(a) of the Government Code, which prohibits an employer from discharging, expelling

2 or otherwise discriminating against any person because of the person' s gender.

3 14. At all times mentioned in this complaint, Defendants regularly employed at least five

4 employees bringing the Defendant employer within the provisions of section 12940 et seq. of the

5 Government Code.

6 15. During Plaintiffs employment, as alleged herein, Defendant discriminated against

7 plaintiff because of her pregnancy which is a type of gender discrimination.

8 16. As a direct and proximate result of Defendants' unlawful conduct as alleged in this

9 complaint, Plaintiff has suffered extreme and severe anguish, humiliation, anger, tension, anxiety,

10 depression, lowered self-esteem, and emotional distress.

11 17. As a further direct and proximate result of the unlawful conduct, the Plaintiff has

12 suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and

13 other losses.

14 18. Because Plaintiff was discriminated against in violation of the law, plaintiff is

15 entitled to recover attorneys' fees and costs in this action pursuant to California Government Code

16 section 12965(b).

17 19. Because the acts taken toward Plaintiff were carried out by Defendants acting in a

18 deliberate, cold, c.allous, malicious, oppressive, and intentional manner in order to injure and damage

19 plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an amount

20 appropriate to punish and make an example of Defendants.

21 SECOND CAUSE OF ACTION

22 (Retaliation)

23 (By Plaintiff Against All Defendants)

24 20. Plaintiff hereby incorporates paragraphs 1through19, inclusive, as though fully set

25 forth at this point.

26 21. This action is brought pursuant to the California Fair Employment and Practices Act,

27 section 12940(h) of the Government Code, which prohibits an employer from discharging, expelling

28 or otherwise discriminating against any person because the person has opposed any practice
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COMPLAINT FOR DAMAGES
 1 forbidden under Government Code section 12940 et seq. and/or the corresponding regulations of the

2 California Fair Employment and Housing Commission.

3 22. At all times mentioned in this complaint, Defendants regularly employed at least five

4 employees bringing the defendant employer within the provisions of section 12940 et seq. of the

5 Government Code prohibiting employers or their agents from retaliating against an employee who

6 opposes practices forbidden under the Fair Employment and Housing Act.

7 23. As more fully set forth herein, plaintiff was subjected to gender/pregnancy

8 discrimination while employed by the defendants.

9 24. In retaliation for complaining about the illegal conduct, plaintiff was to ostracism,

10 subjected to heightened scrutiny, unfairly reprimanded and criticized, subjected to undesirable work

11 conditions and terminated.

12 25. As a direct and proximate result of Defendants' unlawful conduct as alleged in this

13 complaint, plaintiff has suffered extreme and severe anguish, humiliation, nervousness, anger,

14 tension, anxiety, and emotional distress.

15 26. As a further direct and proximate result of the unlawful conduct, plaintiff has suffered

16 and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other

17 losses.

18 27. Bf'.cause plaintiff was retaliated against in violation of the Fair Employment and

19 Housing Act, plaintiff is entitled to recover attorney's fees and costs in this action pursuant to

20 California Government Code section 12965(b).

21 28. Because the acts taken toward plaintiff were carried out by Defendants acting in a

22 deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage

23 plaintiff, plaintiff requests the assessment of punitive damages against Defendants in an amount

24 appropriate to punish and make an example of Defendants.

25 THIRD CAUSE OF ACTION

26 (Failure to Prevent Discrimination - Gov' t Code§ 12940(k))

27 (By Plaintiff Against All Defeµdants)

28 29. Plaintiff hereby incorporates paragraphs 1 through 28 , inclusive, as though fully set
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COMPLAINT FOR DAMAGES
 1 forth at this point.

2 30. This action is brought pursuant to the California Fair Employment and Practices Act,

3 section 12940(k) of the Government Code, which prohibits an employer from failing to take all

4 reasonable steps necessary to prevent discrimination, harassment and retaliation and the

5 corresponding regulations of the California Fair Employment and Housing Commission.

6 31. At all times mentioned in this complaint, Defendants regularly employed at least five

7 employees bringing Defendant employer within the provisions of section 12900 et seq. of the

8 Government Code prohibiting employers or their agents from failing to take all reasonable steps

9 necessary to prevent discrimination, harassment and retaliation.

10 32. Defendants failed to take all reasonable steps necessary to prevent discrimination and

11 harassment in that the employer failed to comply with Department of Fair Employment and Housing

12 laws and regulations, failed to offer discrimination and harassment training, failed to maintain an

13 effective complaint procedure, failed to adequately educate managers about discrimination and

14 harassment and failed to educate managers regarding proper responses to complaints. Defendants

15 also failed to take all reasonable steps to prevent harassment and discrimination by not taking

16 adequate remedial action after becoming aware of ongoing discrimination and harassment.
,.,,.,
17 .) .) . As a direct and proximate result of Defendants' unlawful conduct as alleged in this

18 complaint, Plaint~ff has suffered extreme and severe anguish, humiliation, anger, tension, anxiety,

19 depression, lowered self-esteem, sleeplessness and emotional distress.

20 34. As a further direct and proximate result of the unlawful conduct, Plaintiff has suffered

21 and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other

22 losses.

23 35. Because the Defendants failed to prevent discrimination and harassment in violation

24 of the Fair Employment and Housing Act, Plaintiff is entitled to recover attorneys' fees and costs

25 in this action pursuant to California Government Code section 12965(b).

26 36. Because the acts taken toward Plaintiff were carried out by Defendants acting in a

27 deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage

28 plaintiff, Plaintiff_requests the assessment of punitive damages against Defendants in an amount

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COMPLAINT FOR DAMAGES
 1 appropriate to punish and make an example of Defendants.

2 FOURTH CAUSE OF ACTION

3 (Pregnancy Discrimination - Cal. Gov't Code § 12945)

4 (By Plaintiff Against All Defendants)

5 37. Plaintiff hereby incorporates paragraphs 1 through 36, inclusive, as though fully set

6 forth at this point.

7 38. This action is brought pursuant to the California Fair Employment and Practices Act,

8 section 12945 of the Government Code, which provides that it is an unlawful employment practice

9 to fail to provide an employee with pregnancy disability leave. This cause of action is also based on

10 the corresponding regulations of the California Fair Employment and Housing Commission.

11 39. At all times mentioned in this complaint, Defendant employers regularly employed

12 at least five employees bringing the De~endant employer within the provisions of section 12945 of

13 the Government Code prohibiting employers from denying a pregnant employee qualified leave up

14 to four months, discriminating against a pregnant employee, or refusing to reasonably accommodate

15 a pregnant employee.

16 40 . The defendant employers violated the provisions of California Government Code

17 section 12945 when it disciplined and then terminated plaintiff for being pregnant and for taking

18 protected pregnffi1.CY leave. .

19 41. As a direct and proximate result of Defendants' unlawful conduct as alleged in this

20 complaint, Plaintiff has suffered extreme and severe anguish, humiliation, nervousness, anger,

21 tension, anxiety and emotional distress.

22 42. As a further direct and proximate result of the unlawful conduct, the Plaintiff has

23 suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and

24 other losses.

25 43. Because the defendant violated the pregnancy leave law, plaintiff is entitled to recover

26 her attorney' s fees and costs in this action pursuant to California Government Code section

27 12965(b).

28 44. Because the acts taken toward plaintiff were carried out by Defendants acting in a
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COMPLAINT FOR DAMAGES
 1 deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage

2 her, plaintiff requests the assessment of punitive damages against Defendants in an amount

3 appropriate to punish and make an example of Defendants.

4 FIFTH CAUSE OF ACTION

5 (Wrongful Termination)

6 (By Plaintiff Against All Defendants)

7 45 . Plaintiff hereby incorporates by reference paragraphs 1 through 44, inclusive, as

8 though fully set forth at this point.

9 46. Plaintiff alleges that the discharge was wrongful because it was in violation of the

10 public policy of the State of California as set forth in California Government Code section 12940

11 et seq. , the administrative regulations of the Fair Employment and Housing Act and Article 1, section

12 8 of the Constitution of the State of California, as set forth more fully herein.

13 47. As a direct and proximate result of Defendants' unlawful conduct as alleged in this

14 complaint, Plaintiff has suffered extreme and severe anguish, humiliation, anger, tension, anxiety,

15 depression, lowered self-esteem, sleeplessness and emotional distress .

16 48 . As a further direct and proximate result of the unlawful conduct, Plaintiff has suffered

17 and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other

18 losses .

19 49. Because the acts taken toward Plaintiff were carried out by Defendants acting in a

20 deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage

21 plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an amount

22 appropriate to punish and make an example of Defendants.

23 WHEREFORE, Plaintiff demands judgment against Defendants as follows :

24 As to the First, Second, Third and Fourth Causes of Action:

25 1. For general and compensatory damages;

26 2. For special damages according to proof;

27 3. For punitive damages;

28 4. For prejudgment interest on all amounts claimed that are readily ascertainable;
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COMPLAINT FOR DAMAGES
 1 5. For costs and attorneys' fees pursuant to Government Code section 12965(b); and

2 6. For such other and further relief that the court considers proper.

3 As to the Fifth Cause of Action:

4 1. For general and compensatory damages;

5 2. For special damages according to proof;

6 3. For punitive damages;

7 4. For prejudgment interest on all amounts claimed that are readily ascertainable;

8 5. For costs; and

9 6. For such other and further relief that the court considers proper.

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11 STEVENS & McMILLAN

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13 Dated: March 9, 2021 By:

DANIEL P. STEVENS
14 Attorney for Plaintiff
RACHEL WAYNICK
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COMPLAINT FOR DAMAGES