310-396-7714|info@HelmerFriedman.com
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Meet Gregory D. Helmer, a highly experienced lawyer specializing in California’s employment and consumer protection law. With over 30 years of experience, he has represented clients in cases spanning the spectrum of employment law, including retaliation, whistleblower claims, discrimination, harassment, and wrongful termination. He has extensive experience negotiating executive departure agreements and contracts. He has handled cases at all levels, including jury trials, appeals, arbitration, and mediation. Mr. Helmer is a founding member of Helmer Friedman LLP, a firm known for its thorough and aggressive advocacy.

In addition to individual employment claims, Mr. Helmer has extensive experience litigating class actions involving employment issues, such as wage theft, failure to pay overtime, and meal and rest periods. He has also taken on consumer class actions, including a case where a pet food company allegedly sold pet food laced with toxic compounds, killing thousands of pets.

One of Mr. Helmer’s notable cases involved securing a $1.7 million arbitration award in an age discrimination and harassment case, then one of the most significant arbitration awards on record. He was also the lead attorney in a discrimination lawsuit against a Major League Soccer team featured on HBO’s Real Sports with Bryant Gumbel.

Mr. Helmer was counsel of record in the precedent-setting United States Supreme Court case of Lightfoot v. Cendant Mortgage Corp. He represented a homeowner who had been fraudulently foreclosed upon by her bank and Fannie Mae.

In a case involving elder abuse and neglect, Mr. Helmer served as the lead attorney against a nursing home that withheld medication from an elderly resident, resulting in her death. He also represents families whose elderly relatives have fallen victim to financial abuse and theft by caregivers or stockbrokers.

Mr. Helmer earned his J.D. degree from UCLA School of Law in 1990, serving on the UCLA Law Review editorial board. Before founding Helmer Friedman LLP, he worked for Paul Hastings’ employment law department. He also interned at the National Labor Relations Board in Washington, D.C.

Lastly, Mr. Helmer serves on the Board of Directors of Bet Tzedek Legal Services, a non-profit organization that provides legal services to those who need them the most and cannot afford them.

Court of Appeal Rules Against Anthem/Elevance Health Attempt to Force Arbitration

Helmer Friedman LLP Defeats Anthem/Elevance Health’s Effort to Force Employee to Arbitrate

October 25, 2023 (Los Angeles, CA) – In a significant legal development, the California Court of Appeal has determined that Anthem Health, now operating as Elevance Health, cannot compel arbitration in the case involving long-term employee Mr. Gregory Antoniono. This ruling (Case B327595) from the Second Appellate District, Division 3, paves the way for the proceedings to continue in the Los Angeles County Superior Court before a judge and jury instead of an arbitrator.

“After litigating this issue for the better part of two years, we are pleased that the Court of Appeal reached what we believe to be the correct decision. When an individual is forced to arbitrate, they are giving up their fundamental constitutional right to a jury trial. As with all constitutional rights, we should analyze any waiver with an extremely high level of scrutiny.”

Following nearly two years of legal proceedings, the Los Angeles County Superior Court rejected Anthem/Elevance’s motion to enforce arbitration in March 2023 (Case No. 22STCV26362). The court ruled that the company failed to demonstrate that Mr. Antoniono agreed to arbitrate his claims, as he had not been provided the opportunity to review the arbitration policy terms when he signed his offer letter. Furthermore, the company’s intranet, where the policy was purportedly accessible, explicitly stated that the policies were not intended to form a legally binding contract.

The Court of Appeal upheld the court’s decision, emphasizing that Anthem/Elevance did not meet the “minimum” requirements for establishing an implied agreement to arbitrate. According to the Court, employers must “clearly communicate to the employee both that assenting to arbitration is a condition of employment and what the terms of the employer’s policy are.”

Anthem/Elevance’s argument that Mr. Antoniono implicitly agreed by signing an offer letter referencing the arbitration policy was dismissed due to the policy’s lack of attachment or accessible link. The Court highlighted that the arbitration policy was buried among numerous other non-contractual policies on the intranet.

Commenting on the decision, Gregory D. Helmer of Helmer Friedman LLP, representing Mr. Antoniono, remarked, “After litigating this issue for the better part of two years, we are pleased that the Court of Appeal reached what we believe to be the correct decision. When an individual is forced to arbitrate, they are giving up their fundamental constitutional right to a jury trial. As with all constitutional rights, we should analyze any waiver with an extremely high level of scrutiny.”

About Helmer Friedman LLP

Helmer Friedman LLP advocates for employees’ rights in matters involving discrimination, harassment, and wrongful termination and provides aggressive and innovative representation to safeguard clients’ rights.

Contact Information

Gregory D. Helmer
Helmer Friedman LLP
Phone: 310-396-7714
Email: ghelmer@helmerfriedman.com

2024-10-26T04:43:30-08:00October 24th, 2024|Case Update, employment law, Front Page News, Greg Helmer|Comments Off on Court of Appeal Rules Against Anthem/Elevance Health Attempt to Force Arbitration
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Lawsuit Alleges Grindr Sold User Info Including Sexual Orientation and Location

Grindr allegedly sold a prominent Catholic priest’s sensitive personal information, causing him to lose his position as the general secretariat for the National Conference of U.S. bishops.

July 18, 2024 (Los Angeles) – Jeffrey Burrill subscribed to the Grindr app, which collected his sensitive personal data, including information about sexual orientation and location. Grindr failed to protect Burrill’s sensitive information and knowingly allowed it to be sold to third parties, according to a lawsuit filed by Helmer Friedman LLP and The Carr Law Group (Los Angeles County Superior Court Case No. 24STCV17896).

Grindr’s failure to protect sensitive personal data and its subsequent sale to third parties has caused immeasurable harm. Consumers deserve transparency and security,
especially when dealing with such private information.

Grindr, based in California, owns and operates a social networking application under federal trademark registration number 3873295. The application provides online chat rooms for social networking on the Internet and mobile devices, as well as computer dating services through adult personal advertisements and social networking on the Internet and mobile devices. Described as the “largest social networking app for gay, bi, trans, and queer people,” Grindr claims to have created a safe space to connect with the queer community.

In 2017, Mr. Burrill subscribed to Grindr, a gay social networking application. Grindr collected sensitive personal data from Mr. Burrill, including information about his sexual orientation and physical location. Between 2017 and 2021, the Catholic Laity and Clergy for Renewal (CLCR), a private foundation, purchased Mr. Burrill’s Grindr personal data and shared it with a publication called The Pillar.

In July 2021, The Pillar published an article using the Grindr data purchased from CLCR, outing Mr. Burrill and making false and lurid claims about him. This resulted in significant damage to Mr. Burrill’s reputation, leading to his resignation from the position of General Secretary of the U.S. Conference of Catholic Bishops and causing him significant financial and emotional distress.

Despite Grindr’s assurance of protecting customers’ personal data from unauthorized access, use, or disclosure, they failed to disclose the steps taken to protect sensitive personal data. This was aggravated by the former Chief Privacy Officer’s revelations that Grindr was aware of its failure to protect sensitive personal data but chose not to address the issue due to a lack of resources. When the former Chief Privacy Officer raised concerns about privacy violations, they were met with pushback and disdain from Grindr.

For more information about this lawsuit, please contact Gregory D. Helmer (at 310-396-7714 ext. 102  or ghelmer@helmerfriedman.com). James C.D. Carr (at 310-919-8057 or james@carrlawgrp.com)

Similarly, if you are a witness or have information that would be relevant to the claims of Mr. Burrill, please contact Mr. Helmer and/or Mr. Carr.

DOCUMENTS:

MEDIA COVERAGE:

2024-08-06T07:24:31-08:00July 22nd, 2024|California's Unfair Competition Law, Case Update, Consumer Legal Remedies Act (CLRA), fraud, Front Page News, Greg Helmer|Comments Off on Lawsuit Alleges Grindr Sold User Info Including Sexual Orientation and Location
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Disability Discrimination, Harassment Lawsuit Filed Against Anthem Blue Cross

19-Year Veteran Employee of Anthem Blue Cross and Elevance Health Alleges that Healthcare Companies Fired Him During His Painful Recovery from Life-Threatening Heart Bypass Surgery

June 27, 2024 (BEVERLY HILLS, California) – Mr. Luis Ortiz, a long-term employee in the underwriting department of Anthem Blue Cross and Elevance Health, has filed a lawsuit alleging that he was discriminated against and harassed based on his medical condition and disability when the company fired him during his difficult recovery from open-heart surgery. Elevance Health, Inc., Anthem Blue Cross Life and Health Insurance Company, Blue Cross of California, the Elevance Health Companies of California, and several other related entities are named as defendants. (Los Angeles County Superior Court Case No. 24STCV15952). The Los Angeles law firm of Helmer Friedman LLP announced the filing today.

Plaintiff Luis Ortiz, a California resident, alleges that on February 17, 2022, after having undergone a coronary angiogram, he was immediately admitted to the hospital and underwent triple bypass surgery. His post-surgery recovery, he alleges, was difficult and rife with complications, including debilitating pain in his chest and back and radiating throughout his entire body.

It is illegal to discriminate against employees who are recovering from surgery, and it is disappointing to see these allegations arise in the healthcare industry – the very industry that people rely on for their health and well-being.

Mr. Ortiz alleges that he dutifully kept his employers updated and consistently submitted medical authorization to support his leave of absence. In August 2022, his doctors authorized an extension of his leave for six months. But, in an email of October 7, 2022, he was told by his supervisor, Ms. Millet-Riley, that his leave was unapproved. According to the complaint, she threatened that he would be terminated for “abandoning his job” if he did not contact her within three business days. Mr. Ortiz alleges that he contacted her immediately on the same day and told her that he was not abandoning his job and intended to return to work as soon as his doctors authorized him to do so. Nonetheless, on October 10, 2022, the complaint asserts that the defendants fired Mr. Ortiz for “job abandonment,” an explanation that Mr. Ortiz contends is a pretext for discrimination and unlawful conduct.

Mr. Ortiz further alleges that, after being fired, he applied for a vacant position in underwriting with Anthem Blue Cross of California (for which he was eminently qualified) but was denied that position. Mr. Ortiz alleges that such conduct was discriminatory and retaliatory. Commenting on California law, Gregory D. Helmer of Helmer Friedman LLP said, “It is illegal to discriminate against employees who are recovering from surgery, and it is disappointing to see these allegations arise in the healthcare industry – the very industry that people rely on for their health and well-being.”

For more information, contact Gregory D Helmer, Helmer Friedman LLP, (310) 396-7714 x102, ghelmer@helmerfriedman.com.

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MEDIA COVERAGE:

2024-10-24T11:13:57-08:00June 27th, 2024|Case Update, disability discrimination, Front Page News, Greg Helmer, Intentional Infliction of Emotional Distress, wrongful termination|Comments Off on Disability Discrimination, Harassment Lawsuit Filed Against Anthem Blue Cross
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Best Lawyers Recognizes Gregory D. Helmer in Employment Law

Gregory D. Helmer founding partner Helmer Friedman LLP.We at Helmer Friedman LLP are thrilled to announce that Gregory D. Helmer has been recognized for his exceptional work in Employment Law in The Best Lawyers in America® 2023 edition.

For over 40 years, Best Lawyers has been widely regarded by lawyers and the public as the most reliable measure of legal integrity and distinction in the United States. Being recognized by Best Lawyers is a true testament to the excellence of one’s practice.

Inclusion in The Best Lawyers in America® is based on a comprehensive peer-review survey that includes more than 13.7 million confidential evaluations of peers this year. Lawyers are not allowed to pay any fee to participate in or be recognized by Best Lawyers.

2023-11-01T08:37:50-08:00August 18th, 2023|Front Page News, Greg Helmer, Labor & Employment Law|Comments Off on Best Lawyers Recognizes Gregory D. Helmer in Employment Law
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Bill Ending Forced Arbitration In Sex Harassment and Assault Cases

President Biden To Sign Bill Ending Forced Arbitration In Sex Harassment And Assault Cases

February 10, 2022 (Washington D.C.) – Today, the Senate passed a bill to put an end to forced arbitration for survivors of sexual assault and harassment. The bill, called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was passed with a large bipartisan vote by the House of Representatives earlier in the week and heads to President Biden’s desk for his signature. Sen. Kirstin Gillibrand, D-N.Y., and Sen. Lindsey Graham, R-S.C., introduced the bill five years ago and lawmakers negotiated with business leaders to get support for the bill. In a sign of the overwhelming support for the measure, it was approved by voice vote in the chamber. The bill gives individuals a choice between going to court or going to arbitration to resolve allegations in cases related to sexual harassment or assault. As Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill, stated:

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act represents a fantastic first step in protecting American employees from workplace sexual harassment that for far too long has been hidden from the public and the courts by a system that is rigged to protect corporate America.

Bill sponsor Sen. Kirstin Gillibrand, D-NY.

Helmer Friedman LLP founding partner, Gregory D. Helmer, pictured with Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill.

The bill is also retroactive — invalidating any existing forced arbitration clauses in ongoing cases that could make it difficult for any survivors to litigate cases against their employers. Commenting on the passage of the bill, Helmer Friedman LLP founding partner, Gregory D. Helmer, stated:

“This bill represents one of the most significant workplace reforms in American history …It will help us fix a broken system that protects perpetrators and corporations and end the days of silencing survivors. …The arbitration process not only allows the corporations to hide sexual harassment and assault cases in this secretive and often biased process, but it shields those who committed serious misconduct from the public eye.”

If you believe that you have been the victim of sexual assault or harassment in the workplace, please contact Helmer Friedman LLP.

2022-02-12T08:15:07-08:00February 10th, 2022|Front Page News, Greg Helmer, sexual harassment|Comments Off on Bill Ending Forced Arbitration In Sex Harassment and Assault Cases
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