Two mortgage firms recently prevailed in court over former employees, while two more firms face new court battles with former employees.
Wan Tim was unsuccessful in appealing a judgment in favor of Bank of America, National Association, according to a copy of the ruling by the Court of Appeals of California, Second District, Division Two, that was posted by Leagle. In her lawsuit, the former loan originator for BofA claimed sexual harassment; discrimination on the basis of sex, race and national origin; retaliation; and wrongful termination in violation of public policy.
“We find that appellant’s sexual harassment and discrimination claims are time-barred, that her retaliation claim fails as a matter of law, and that she has not created a triable issue of fact as to her wrongful termination claim,” according to the appeals court, which affirmed the lower court ruling in favor of defendant BofA.
Loan officer Debbie Ferrara was unsuccessful in convincing the Court of Appeals of Minnesota to overturn an unemployment law judge’s decision in favor of her former employer, Mortgage Planners Inc., a copy of the decision from Leagle.com said.
Ferrara testified how her ability to work as an originator was impeded by Mortgage Planners’ failure to provide her with hardware, software and a list of lenders. She also blamed the lack of private office space, an inability to order credit reports and the lack of regular meetings for support and training.
But Mortgage Planners owner Jim Ober successfully testified that the company had not agreed to provide some of the resources and that Ferrara had failed to use the other resources that she listed.
Outten & Golden issued a notice last month indicating that the deadline for former Taylor, Bean and Whitaker Mortgage Corp. employees to file a proof of claim was on June 15. The New York-based law firm estimated more than 2,000 Taylor Bean employees were terminated without a Worker Adjustment and Retraining Notification Act notice, which requires 60 days’ notice for layoffs involving 50 or more employees within a single state.
Outten & Golden hopes to obtain class-action certification in the lawsuit, which was filed in U.S. District Court for the Middle District of Florida in August 2009. Two months’ compensation and a benefit is sought for each class member. Those who missed the claim deadline might have their WARN claims denied if the action doesn’t achieve certification.
Salem Five Mortgage Company LLC was among four defendants listed in a lawsuit by Joyce Trachtenberg. The lawsuit was filed on Oct. 30, 2009, in U.S. District Court for the District of Massachusetts.
The complaint said Trachtenberg is suing “for retaliation for exercising her rights under the Family and Medical Leave Act, 29 U.S.C. 2601 et seq., discrimination and retaliation on the basis of her disability (or perceived disability) in violation of the American with Disabilities Act, 42 U.S.C. 12101.”
WAN TIN, Plaintiff and Appellant, v. BANK OF AMERICA, NATIONAL ASSOCIATION et al., Defendants and Respondents.
Case No. B215291 (Court of Appeals of California, Second District, Division Two).
Debbie Ferrara, Relator, v. Mortgage Planners Inc., Respondent, Department of Employment and Economic Development, Respondent.
No. A09-1126 (Court of Appeals of Minnesota.
Callahan v. Taylor, Bean & Whitaker Mortgage Corp.
Adv. Pro. No. 09-00439-JAF (U.S. District Court for the Middle District of Florida).
Joyce Trachtenberg, Plaintiff v. Salem Five Savings Bank, Salem Five Mortgage Company LLC, Ron Peck and Kathie Sauter Defendants.
Case No. 1:09-cv-11856-JGD, Oct. 30, 2009 (U.S. District Court for the District of Massachusetts).
