Archives for June 2015

Overcharged by Whole Foods?

Multiple government entities have and/or are investigating Whole Foods for pricing violations. In fact, after a statewide investigation found widespread pricing violations at Whole Foods Markets in California, in 2014 the company settled with three California cities and agreed to pay $800,000 in civil penalties.

Now, the New York City Department of Consumer Affairs has uncovered “systematic overcharging for pre-packaged foods” in the city’s Whole Foods stores.  New York officials have reported that its investigation of 80 types of pre-packaged products revealed none had correct weights.  Moreover, 89% of packages violated federal rules for how much a package can deviate from the actual weight.

If you purchased pre-packaged food at Whole Foods and you have any questions or concerns about the same, contact attorneys Helen Zeldes or Aaron M. Olsen of Haeggquist & Eck, LLP at (619) 342-8000.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Did Your Employer Conduct a Background Check?

Employers routinely conduct background checks on job applicants.  These background checks include contacting former employers to pulling credit reports and criminal records. However, in order to lawfully conduct a background check, employers are required to comply with strict statutory requirements, such as obtaining your written authorization prior to conducting the background check.  The law that governs this area is the federal Fair Credit Reporting Act (“FCRA”), and if your employer failed to follow the requirements mandated by FCRA, you may be entitled to recover actual damages or an award of up to $1,000, plus punitive damages and recovery of attorneys’ fees and costs.

Prior to conducting your background check, did your employer set forth in a separate document that consists solely of a disclosure that it is going to conduct a background check? If not, you may be entitled to damages.

Did your employer take any “adverse action” (e.g., decline employment, terminate employment, etc.) against you based on a background check without first providing the above disclosures to you?  If so or if your employer failed to give you a reasonable amount of time to review the disclosures, it could be in violation of the FCRA, again, entitling you to damages.

If you feel your employer did not obtain your written consent for a background check and/or there has been a  misuse of your background check by your employer or prospective employer or if you have any questions or concerns about the same, contact the attorneys at Haeggquist & Eck, LLP.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Haeggquist & Eck Represents Third Employee To File Claim Against County of San Diego Over County Supervisor Dave Roberts

On June 8, 2015, Haeggquist & Eck (formerly Zeldes Haeggquist & Eck) filed a complaint against the County of San Diego for constructive discharge on behalf of Lindsey Masukawa. Ms. Masukawa was San Diego Supervisor Dave Roberts’ former Policy Advisor for Health and Human Services.

A copy of the complaint against the County can be found here.

For Immediate Release: Monday, June 8, 2015


(San Diego) – Note: the following is the only statement to be made by Lindsey Masukawa regarding the claim being filed today on her behalf against the County of San Diego and Supervisor Dave Roberts. Neither Ms. Masukawa nor her attorneys will be available for questions.

“It was not an easy decision for me to step forward and file this claim. After enduring what I felt was unethical conduct for more than two years, I was asked to lie about what I know to be the truth: during my tenure at the County Supervisor’s Office, Supervisor Roberts’ focus was clearly not on serving the people of San Diego, but rather on his aspirations for re-election and higher office.”

“When I was asked by Supervisor Roberts to lie to the County’s human resources department in exchange for a raise and promotion, I had no choice but to resign. This decision was devastating to me. Not only had I dedicated my professional life to public service so that I could give back to my community, I truly believed in our political system. I left the district office of a prominent Assembly Member to work at the County so I could fulfill my personal call to community service through policy work. I believe I represented the Supervisor and the County with the utmost professionalism, and that I made a meaningful contribution to some of the top health issues affecting residents. Once I resigned, my intention was to move forward to a more positive work environment in a capacity that would allow me to continue serving the community. I attempted to leave my position in the Supervisor’s office as graciously and quietly as possible.”

“In my resignation letter, I focused on my position and the policy work I was hired to do. I stand by that work. I chose not to talk about the hostile work environment and unethical working conditions I had experienced, largely out of fear of retaliation from Supervisor Roberts and the concern that he might compromise my career as a public servant and policymaker. However, as events unfolded at the County, I recognized that I would not be able to remain silent. I had been named in the claims of my former colleagues, and what had happened to me at the Supervisor’s office was called into question. Moreover, I felt compelled to come forward because the Supervisor’s remarks refuting these claims are not true. I can affirm many of the statements my colleagues made. However, I also feel strongly that media platforms are not the correct arena for these disputes. Through a formal claim process and any due process that occurs, these matters will be appropriately heard.”

“I engaged the law firm of Zeldes Haeggquist & Eck, LLP to represent me in this process – to fully protect myself from the unanticipated consequences of my constructive termination. Any communications should be directed to them. However, as I believe in letting the wheels of justice take their course, neither I nor my lawyers will be doing any interviews or making any further statements at this time.”

Alreen Haeggquist

Representing Ms. Masukawa

June 8,

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

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