Plaintiff was fired for complaining about overtime, she said… - Shegerian Law


On Oct. 20, 2006, plaintiff Elise Modrovich, 38, a pilates instructor, was terminated from her job with The Sports Club Company Inc. in Beverly Hills. She had worked for the company for about 11 months.

Modrovich sued Sports Club, alleging wrongful termination, retaliation, violation of public policy and intentional infliction of emotion distress.

Plaintiff’s counsel argued that Modrovich was fired because she complained that company employees were not being paid the proper amount of overtime. Modrovich also complained that employees were being asked to come into work, but were not being paid for the minimum four hours of time, according to counsel.

Modrovich’s direct supervisor allegedly stated that she had been complaining too much, it was charged, and Modrovich had previously received a promotion.

Sports Club argued that Modrovich was discharged because she falsified documents, which was proven through an impartial internal investigation. Defense counsel contended that Modrovich had undercharged customers so they could take additional classes and she would make extra money.

Modrovich countered that the internal memos describing her alleged falsification of documents were inconsistent. Plaintiff’s counsel also contended that the company did not complete an investigation.