Firm sued for illegal dismissal

The Equal Employment Opportunity Commission has lodged complaints against a local corporation in behalf of the latter’s former employees whom it allegedly discharged for complaining against the company.

Elm’s Corporation, a company that does business as Town and Country Restaurant, is facing a civil action suit before the US District Court for allegedly performing unlawful employment practices against workers Gemma Soriano and Antonio Magtibay.

The former restaurant employees were allegedly terminated in retaliation last October 1998 after both filed an EEOC complaint against Town and Country for allegedly practicing unlawful sex discrimination.

EEOC through its counsels contend that the defendant’s practices has deprived Ms. Soriano and Mr. Magtibay equal employment opportunities and otherwise adversely affected their status as employees because of their protected activity.

The plaintiff has alleged that the action made by the defendant against its former employees were intentional and were done with malice, and/or reckless indifference to the federally-protected rights of the workers.

The commission, through a filed complaint, has then urged the court to grant a permanent injunction enjoining the defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in retaliation against its employees.

EEOC is also seeking court judgment that would order the defendant to institute and carry out policies, practices and programs which eradicate the effects of its alleged past and present unlawful employment practices.

The plaintiff is also seeking award for back pay with pre judgment interest, in an amount to be determined at trial for Ms. Soriano and Mr. Magtibay.

Further, the court has also been asked to provide compensation for past and future pecuniary losses resulting from its alleged unlawful employment practices, including other expenses.

In addition, the commission is requesting the federal court to grant the workers compensation for past and future non-pecuniary losses allegedly caused by the unlawful conduct, including pain and suffering, emotional distress, integrity, loss of enjoyment of life, loss of self-esteem and humiliation, in an amount to be determined at trial.

Ms. Soriano and Mr. Magtibay should further be awarded punitive damages for the company’s alleged malicious and reckless conduct, according to EEOC.

The commission, as well, seeks award for the costs of the civil action.