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TO ALL CAUSES OF ACTION
A.
Throughout Ms. Blickman’s Time at Tesla, She Experienced Daily Sexually
Harassing Comments and Behavior
13.
Tesla hired Ms. Blickman in late February 2021 to begin work in early March
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FACTS COMMON
2021 as a Production Associate working on the factory floor of its seat-making facility in
On her first day at work, she witnessed men taking photos of a female colleague’s
back-side — they felt no need to hide what they were doing — and the pictures were soon
circulating around the factory. At her orientation, the sexual harassment training consisted of a
man reading off his phone in a monotone voice and unrealistic videos of women sexually
harassing men — it was clear that no one cared about it.
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Tesla without hearing such comments.
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(Roberto) say about a female colleague, “I'd like to bend her over and spread her cheeks” and “1
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would fuck her from the back.”
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colleagues they wanted to have sex with, would rate them on a scale of attractiveness from | to
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10, and would make comments as women walked by. such as “Oh, I’d do her,” “I'd fuck her,”
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“her ass is a 10,” “you're cute,” “you're pretty,” and the like. One Lead approached her to say
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that he was asking for a friend whether she was single.
suggestive facial expressions. or just leer at Ms. Blickman and other women.
keep her head down and try to do her work, and when she would have to move through the
factory or clock in and out, she would try not to make eye contact.
16.
For example, Ms. Blickman heard one male colleague
Male colleagues would talk openly about which female
Men would often whistle, make
She would just
Men. including a Lead. would also intentionally bumped into women in an
obvious effort to generate bodily contact with them. including Ms. Blickman.
After another female colleague “outed” Ms. Blickman as a lesbian. men began
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routinely asking her questions about the mechanics of how
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women in voices loud enough for the women to hear. Ms. Blickman did not work a single day at
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| The culture at the factory was that men brazenly commented on the bodies of
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Fremont, California.
certain other women
in the factory were attractive.
she has sex, and whether she thought
One man. Jimmy. who was training to be a
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COMPLAINT
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Lead, heard that she was gay and told her that he liked to “spit on a girl’s face when [he’s]
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fucking her.” She responded that she really did not want to hear about that. He would tell her
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about liking to have “rough” sex, and told her he had a thing for girls with dyed hair. He would
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grab her phone out of her pocket and try to look at information on her phone and joke that she
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was flirting with women on her phone. Ms. Blickman heard that he tried to kiss a girl with dyed
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lower back.
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physically intimate.
Mr. Nguyen would sometimes place his face very close to hers when
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Sometimes, she would not even see him approach — she would just suddenly feel a hand on her
showing her things.
He would lavish her with attention in a way that was totally different from
how he treated the male employees in the area.
women often ended up being transferred if they were not receptive to his attempts.
that Mr. Nguyen had been harassing another woman and had been seen in her car, with that
woman ending up being transferred.
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women and being “possessive” of women he had crushes on. Ms. Blickman also heard that such
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Ms. Blickman has been told that Mr. Nguyen had a history of sexually harassing
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This made her extremely uncomfortable and was clearly inappropriate and
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back at the beginning of each shift and rub her lower back, virtually every day that she worked.
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Ms. Blickman jumped
tracks by awkwardly saying —“‘I heard you don’t like to scream ‘teamwork’ loud enough.”
Mr. Nguyen was her Supervisor, so she did not know what to do.
He sheepishly tried to cover his
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team member,” and should be transferred to the “tents” — one of the least desirable working areas
in the extreme summer heat.
make it mandatory!”
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who was replacing him. George Knott, and suggested that Ms. Blickman was “not a valuable
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A few days later, Mr. Nguyen approached Ms. Blickman with a new Supervisor
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back, looked appalled, and said “What?”
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her ear and whispered in a sexual voice, “] hear you don’t like to scream loud enough.”
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One morning during stretches, Mr. Nguyen placed his mouth within centimeters of
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She heard
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Ms. Blickman’s first Supervisor, Alex Nguyen, would place his hand on her lower
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hair outside of work, and she heard from other women that he talked about sex with them.
She asked if the transfer was mandatory. and he shouted “We can
Mr. Knott later commented to Ms. Blickman that he did not know why
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Mr. Nguyen was “trippin,” and that it would be voluntary if she wanted to transfer.
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“I think we both know why he’s acting like that with me,” alluding his advances toward her and
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her negative responses. Mr. Knott said, “you’re right, you’re right,” but failed to take any action
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other than preventing Mr. Nguyen from transferring her.
Early on, a male co-worker named Dennis had begun harassing her. He brushed
against her on purpose about three times the first day they worked together — he would turn his
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At various times, he referred to her as a “pretty white girl,” and said she looked like a “little-ass
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girl.” He lied and told her he was a Lead, which initially dissuaded her from complaining about
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him.
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of watching their back-sides as they walked away and would make sexual grunting sounds.
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two occasions, he also aggressively cursed at her.
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Supervisor, Mr. Knott, and said that Dennis was behaving in a way that was very disrespectful to
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women, and that Ms. Blickman did not want to have to hear it. She complained to Mr. Knott
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about him several times.
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would still have to work with him occasionally.
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to H.R.. but Ms. Blickman was too afraid of retaliation, especially because Dennis had already
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behaved aggressively toward her.
employee in their area.
their Supervisors or Leads about Dennis.
He would also wave other women over aggressively to talk to him, and then make a point
Eventually, Ms. Blickman went to her
Mr. Knott eventually moved Dennis to another area, but Ms. Blickman
Mr. Knott asked if she wanted to make a report
Indeed, at one point, Dennis threatened to kill her and another
Ms. Blickman believes that at least two other women also complained to
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in lingerie” and would be “fucking” her “from behind.”
to be at home with me — 1 want her.” The female employee would get Ms. Blickman’s attention
and then make sexual thrusting motions against shelves, or would come up behind Ms. Blickman
and grasp her neck in a sexual way.
One of the men replied, “No, she’s going
She whistled and cat-called at Ms. Blickman and other
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employee told a group of men (with Ms. Blickman present) that she-would “have [Ms. Blickman]
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Ms. Blickman was also harassed by another female employee.
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so she backed into him, or would unnecessarily reach across her in close proximity to her breasts.
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body sideways in order to touch her body. He would find opportunities to stand just behind her
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22.
She replied,
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COMPLAINT FOR DAMAGES
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stop.
Ms. Blickman told her to stop and that the behavior was inappropriate, but it did not
B.
Sexual Harassment at Tesla Severely Harmed Plaintiff and Resulted in the
Loss of Her Job.
24.
Ms. Blickman was constantly anxious and uncomfortable at Tesla. Although she
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women.
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to cope with what she was experiencing.
wanted to leave.
She also drank more alcohol to try
She would call her girlfriend during breaks and say she
She felt embarrassed, demeaned, and unsafe.
She talked to her therapist about
the negative effects that sexual harassment at Tesla, including Mr. Nguyen’s conduct toward her,
was having on her.
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In October she went on COVID leave.
She could not bear the thought of returning
to the environment at Tesla, and she sent her H.R. representative, Ellen Welty, a request to go on
stress leave, including a description of the sexual harassment she and other women were
She sent Ms. Welty several other emails asking if she
could transfer to a different area upon her return so that she would not have to work near Dennis.
She does not believe Ms. Welty responded to those requests.
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experiencing that was causing her anxiety.
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working at Tesla, the stress caused her to start smoking again.
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had quit smoking more than three years before working at Tesla, after a month-and-a-half of
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policy was to automatically terminate employees who did not come to work for two consecutive
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telling her that Tesla’s
work days without notification, and that if she did not contact H.R. or her manager by 5:00 pm on
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In November, she received a letter dated November 9, 2021
November
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26.
willing to return to her prior position. so did not return to work.
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(Sexual Harassment in Violation of FEHA, Gov. Code §§ 12940 ef seq.)
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Ms. Blickman was not
FIRST CAUSE OF ACTION
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
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| 1, 2021. she might be terminated for job abandonment.
28.
Ms. Blickman is a woman who was employed by Tesla.
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COMPLAINT
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30.
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Ms. Blickman’s circumstances constituted a hostile work environment.
32.
The sexual advances and comments directed to Ms. Blickman were unwelcome.
33.
Ms. Blickman reported the sexually harassing conduct directed at her to
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Tesla is strictly liable for the sexual harassment because it was conducted by
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Tesla’s Supervisors and Leads, who had authority to direct Ms. Blickman’s work activities,
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Supervisors, Leads, and HR, and took all reasonable steps to avoid the conduct at work.
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propositioning, and unwanted touching.
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daily obscene comments and catcalls of an objectifying, demeaning, and sexual nature, ogling,
evaluate her performance, and discipline her.
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witnessed by Supervisors and Leads.
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corrective action.
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36.
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Ms.
emotional distress. including shame, anxiety, embarrassment. stress. and indignity, all to her
damage in an amount to be proven at the time of trial. As a result of the conduct she has missed
work and lost wages.
As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
Blickman has suffered physical injury, pain. and suffering and continues to suffer severe
37.
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amounting to malice. and in conscious disregard of her rights and safety. Tesla managing agents
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were on notice of and ratified the offending conduct.
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punitive damages from Tesla in an amount according to proof.
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with the wrongful intention of injuring Ms. Blickman. from an improper and evil motive
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Tesla committed the aforementioned acts despicably. maliciously, and willfully,
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Yet Tesla failed to take immediate and appropriate
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Ms. Blickman, both through her complaints, and because the behavior was committed and/or
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Tesla knew or should have known of the rampant sexual harassment directed at
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As detailed above, this severe, pervasive, and harassing conduct included near-
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Ms. Blickman was subjected to severe and pervasive harassing conduct from her
colleagues and managers because she is a woman.
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29.
Ms. Blickman is thus entitled to recover
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COMPLAINT
FOR DAMAGES
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The conduct that Ms. Blickman reported, complained of, and objected to
constituted unlawful sexual harassment and discrimination under the FEHA.
After making these complaints and objecting to the above inappropriate conduct,
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48.
Ms. Blickman was retaliated against in various ways. She was denied certain privileges and
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47.
benefits that were afforded to women who did not object to Supervisors’ sexual advances and
mandatory transfer to an undesirable area. This negatively affected her conditions of
employment, ability to succeed in her job, and prospects for career advancement.
direct, foreseeable, and proximate result of Tesla’s unlawful actions,
Ms. Blickman has suffered physical injury, pain, and suffering and continues to suffer severe
emotional distress, including shame, anxiety, embarrassment, stress. and indignity, all to her
damage in an amount to be proven at the time of trial.
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amounting to malice, and in conscious disregard of her rights and safety.
were on notice of and ratified the offending conduct.
punitive damages from Tesla in an amount according to proof.
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(Discrimination in Violation of FEHA, Gov. Code §§ 12940 ef seq.)
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FOURTH CAUSE OF ACTION
52.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
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‘terms, conditions. or privileges of employment. because of her sex.
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| practice for an employer to discharge an employee or to discriminate against an employee in
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Under California Government Code § 12940, it is an unlawful employment
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Ms. Blickman is thus entitled to recover
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Tesla managing agents
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with the wrongful intention of injuring Ms. Blickman, from an improper and evil motive
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Tesla committed the aforementioned acts despicably. maliciously, and willfully,
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When Ms. Blickman resisted Mr. Nguyen’s advance, he threatened her with
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flirtations.
54.
Tesla discriminated against Plaintiff by subjecting her to working conditions to
which men were not subjected — including the above-described unlawful treatment — based upon
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COMPLAINT
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motivated negative treatment.
Plaintiff was denied terms and privileges granted to men — i.e., a workplace free of sex-
In response, she received a letter that appeared to terminate her. She did not feel that she could
safely return to work. Tesla, through its officers, managing agents, and/or supervisory
employees, intentionally created and knowingly permitted sexual harassment of Plaintiff that was
so intolerable that a reasonable position in Plaintiff's position would have had no reasonable
alternative except to refuse to return to work. Therefore, Tesla either constructively discharged
Plaintiff, or forced her to refrain from returning to work, resulting in Tesla terminating her.
56.
As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
Ms. Blickman has suffered economic loss, pain and suffering and severe emotional distress,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
57.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
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amounting to malice, and in conscious disregard of her rights and safety.
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with the wrongful intention of injuring Ms. Blickman, from an improper and evil motive
were on notice of and ratified the offending conduct.
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Ms. Blickman requested stress leave from H.R., citing these working conditions.
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her sex.
punitive damages from Tesla in an amount according to proof.
Tesla managing agents
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(Wrongful Termination in Violation of Public Policy)
58.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
Defendants’ termination and/or constructive discharge of Ms. Blickman violated
the fundamental public policy of the State of California embodied-by FEHA that employers shall
not discriminate against or harass employees on the basis of sex.
60.
Asadirect, foreseeable, and proximate result of Defendants’ unlawful actions.
Ms. Blickman has suffered economic loss, physical injury, pain and suffering and severe
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FIFTH CAUSE OF ACTION
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Ms. Blickman is thus entitled to recover
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COMPLAINT
FOR
DAMAGES
PDF Page 13
_
DN
damage in an amount to be proven at the time of trial.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
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61.
with the wrongful intention of injuring Ms. Blickman, from an improper and evil motive
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emotional distress, including shame, anxiety, embarrassment, stress, and indignity, all to her
amounting to malice, and in conscious disregard of her rights and safety. Tesla’s managing
Ms. Blickman is thus entitled to
recover punitive damages from Tesla in an amount according to proof.
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agents were on notice of and ratified the offending conduct.
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WHEREFORE,
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PRAYER FOR RELIEF
1.
Ms. Blickman prays for judgment against Tesla as follows:
For compensatory damages, including but not limited to, lost back pay (including,
but not limited to, salary and bonus wages), equity, fringe benefits, future lost earnings, and
emotional distress;
2.
For punitive damages as allowed by law;
3.
For an award to Ms. Blickman of costs of suit incurred herein and reasonable
attorneys’ fees;
4.
For prejudgment interest and post-judgment interest permitted by law; and
5.
For an award of such other and further relief as the Court
DATED:
December 14, 2021
deems just and proper.
Respectfully submitted,
RUDY,
EXELROD, ZIEFF & LOWE,
By: AM
hZa—
DAVID
ACLOWE
DAVIR ACL. LOISEL
THE JHAVERI-WEEKS
|
—
FIRM
WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
Attorneys
for Plaintiff Alisa Blickman
1]
COMPLAINT
FOR
DAMAGES
LLP
PDF Page 14
KR
WD
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DEMAND
FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable.
DATED:
December 14, 2021
Respectfully submitted,
By: JIL
So
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DAVID AA.OWE
MEGHAN
OO
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RUDY, EXELROD, ZIEFF & LOWE, LLP
F. LOISEL
THE JHAVERI-WEEKS FIRM
WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
Attorneys
for Plaintiff Alisa Blickman
12
COMPLAINT FOR DAMAGES