In a legal battle that has caught the attention of many, a former employee is seeking justice against his previous employer over unpaid wages and other employment-related grievances. Michael E. Plummer initially filed a complaint against The Way Forward Foundation on February 24, 2020, in the Superior Court of Los Angeles County, citing violations of the Labor Code and related torts. Later an appeal was taken in the California 2nd District Court of Appeals.
The case revolves around Plummer's brief tenure as a care provider for The Way Forward Foundation. After filing his complaint, discovery commenced, and on November 4, 2021, The Way Forward made an offer to settle for $17,500 under section 998 of the Code of Civil Procedure. However, this offer did not address attorney fees and costs. Plummer accepted the offer immediately but later moved for attorney fees as the prevailing party under the Labor Code.
On April 27, 2022, the court awarded Plummer $106,049.12 in attorney fees and $2,059.23 in costs despite opposition from The Way Forward. The foundation argued that it never intended to include attorney fees in its settlement offer and requested relief under section 473 due to attorney fault. This motion was denied by the court on July 7, 2022.
The Way Forward appealed this decision but faced procedural challenges as no final judgment had been entered at that time. They claimed their appeal was directed at a postjudgment order when it was actually an order regarding attorney fees—a non-appealable order under section 904.1(a)(2). Consequently, their appeal was dismissed by the 2nd District Court of Appeals and Justices Lee, Baker and Moor.
Plummer seeks to hold The Way Forward accountable for what he believes are clear violations of labor laws during his employment period. He aims to secure compensation for unpaid wages along with substantial attorney fees incurred during this legal struggle.
Representing Michael E. Plummer are attorneys Kevin A. Lipeles, Thomas H. Schelly, and Julian Bellenghi from Lipeles Law Group. Defending The Way Forward Foundation are Ephraim O. Obi from Law Offices of Ephraim O. Obi. Judge Malcolm H. Mackey presided over the case in Los Angeles County Superior Court under Case ID No: B322271.