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Plaintiff accuses fast-food chain Five Guys Operations LLC of workplace misconduct

SOUTHERN CALIFORNIA RECORD

Friday, January 17, 2025

Plaintiff accuses fast-food chain Five Guys Operations LLC of workplace misconduct

State Court
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Ventura County Superior Court | Official Website

Max Montoya, a former employee of a well-known fast-food chain, has filed a lawsuit alleging severe workplace misconduct, including sexual harassment and wrongful termination. On December 31, 2024, Montoya lodged his complaint in the Superior Court of California, County of Ventura, against Five Guys Operations LLC and two individuals, Jonathan Morvant and Alfonce Reese.

Montoya's allegations stem from his tenure as an Assistant Manager at the Thousand Oaks location of Five Guys Operations LLC from October 2023 to August 2024. According to the complaint, Montoya was subjected to "severe and pervasive sexual harassment" by his direct supervisor, Jonathan Morvant. The alleged misconduct included unwanted physical contact and verbal abuse. Despite reporting these incidents to District Manager Alfonce Reese, Montoya claims his complaints were ignored and suppressed. This led to what he describes as retaliatory termination under false pretenses of "job abandonment."

The complaint outlines several legal claims against the defendants: sexual harassment in violation of the Fair Employment and Housing Act (FEHA), sexual assault and battery, hostile work environment creation, wrongful termination in violation of public policy, constructive discharge due to intolerable working conditions, retaliation for reporting harassment under FEHA, negligent supervision and retention by Five Guys Operations LLC, intentional infliction of emotional distress by all defendants involved, and failure to prevent harassment and discrimination.

Montoya is seeking compensatory damages for lost wages and benefits due to his wrongful termination. He also seeks punitive damages for the alleged malicious conduct by the defendants. Additionally, Montoya requests injunctive relief requiring Five Guys Operations LLC to implement effective anti-harassment policies and provide mandatory training on sexual harassment prevention.

Representing Montoya is Lipeles Law Group APC with attorneys Kevin A. Lipeles and Thomas H. Schelly leading the case. The lawsuit is filed under Case No.: 2024 CUVWYT 035042 in front of the Superior Court of California in Ventura County.

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