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Plaintiff alleges construction company violated labor laws through discrimination and retaliation

SOUTHERN CALIFORNIA RECORD

Tuesday, May 6, 2025

Plaintiff alleges construction company violated labor laws through discrimination and retaliation

State Court
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Ventura County Superior Court | Official Website

A former employee has filed a lawsuit against a construction company, alleging a series of discriminatory and retaliatory actions that culminated in his wrongful termination. The complaint was filed by Nixon Mairena on April 24, 2025, in the Superior Court of California, County of Ventura, against SG Construction & Framing, Inc.

The lawsuit details several grievances against SG Construction & Framing. According to the complaint, Mairena was hired as a painter on January 25, 2023, at the age of 19 with an hourly wage of $25.00. He claims to have faced a hostile work environment where he suffered harassment and discrimination due to his association with his father, who is part of a protected class under California law. The complaint alleges that Mairena's father suffered an injury at work on March 29, 2023, and when he sought workers' compensation on April 16, 2023, he was threatened with termination unless he dropped the claim. Both Mairena and his father were terminated shortly after on April 28, 2023.

Mairena's lawsuit accuses SG Construction & Framing of multiple violations including associational discrimination under California Government Code §12940 et seq., harassment, failure to prevent discrimination and retaliation, wrongful termination, and violations related to meal and rest breaks as well as overtime pay under California Labor Code §226.7. The plaintiff also asserts that the company failed to provide necessary employment records upon request.

The plaintiff seeks various forms of relief from the court including actual damages ranging from $300,000 to $3 million for lost wages and benefits due to wrongful termination and discrimination. Additionally, Mairena requests restitution for unfair competition practices under Business & Professions Code §17200 et seq., punitive damages for malicious conduct by the defendant's management team, attorneys’ fees according to proof and statute, costs incurred during litigation, and any other relief deemed just by the court.

Representing Nixon Mairena are attorneys Jihad M. Smaili and Stephen D. Counts from Smaili & Associates P.C., based in Santa Ana, California. The case has been assigned Case No.: 2025 CLV WT O42900 in the Superior Court of California for Ventura County.

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