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In its Dec. 19 response to a lawsuit filed against it by its former executive director in San Benito County Superior Court, the Hollister nonprofit Jovenes de Antano denies allegations of labor violations including discrimination, wrongful termination and breach of employment contract.
In a separate filing on the same date, Jovenes also challenges the legal merits of seven claims known as cause of actions filed by former executive director Danny Barrera generally stating that the alleged conduct falls within the scope of work and that he fails to allege board president Tami Cook-Erickson “personally caused” violations of labor law.
A case management conference is scheduled for Feb. 9 in Superior Court. A demurrer hearing, where the judge reviews the legal challenges raised to the lawsuit, is scheduled for March 23.
In the filing, Jovenes asked San Benito County Superior Court Judge Omar Rodriguez to dismiss the suit with prejudice, meaning Barrera could not sue the nonprofit for the same claims at a future date, and to be awarded the costs of the lawsuit such as attorney fees.
Cook-Erickson previously told BenitoLink that Barrera was one of 15 employees who were laid off on June 30 because the organization lost two key contracts to provide senior services, including meals and transportation, after decades of doing so.
“We laid off 15 employees due to loss of funds,” she said. “One employee chose to come back and litigate that process.”
Barrera sued on Oct. 24, alleging he worked 11- to 15-hour days without overtime compensation, that Jovenes De Antano did not provide benefits per his employment contract for the majority of his employment, and that he was deprived of timely and uninterrupted lunch and rest breaks.
“As a direct and proximate result of the foregoing acts and omissions by defendants, plaintiff has suffered and continues to suffer from a loss of earnings and employment benefits, in addition to humiliation, mental anguish, and severe emotional distress,” Barrera’s lawsuit reads.
After lacking a full-time executive director for more than a year, Jovendes hired Barrera in December 2023. He succeeded longtime leader Pauline Valdivia, who co-founded the agency in 1975 and ran it until her death in September 2022.
In May 2023, the community center which houses Jovenes De Antano was renamed to Pauline Validivia Memorial Community Center in her honor.
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