Page 1 _
DN
WwW
FR
351 California Street, Suite San Francisco, CA
oO
DAVID A. LOWE (SBN 178811)
dal@rezlaw.com
MEGHAN F. LOISEL (SBN 291400)
mfl@rezlaw.com
RUDY, EXELROD, ZIEFF & LOWE, LLP
Telephone: (415) 434-
FILED
ALAMEDA COUNTY
OD
NO
Facsimile: (415) 434-
DEC 44 WILLIAM C. JHAVERI-WEEKS (SBN 289984)
wjw@jhaveriweeks.com
ALLY N. GIROUARD (SBN 336625)
°
|
<
THE JHAVERI-WEEKS FIRM
COMA
351 California Street, Suite San Francisco, CA Telephone: (415) 463-Facsimile: (415) 367-
4 TVD
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ERK OF THE SUPERIOR COURT
De
Eden Mederos
ese
BR
ese
WO
Attorneys for Plaintiff
ose
OT
SUPERIOR COURT
EDEN
MEDEROS,
NMO
DOD
PO
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PMO
NY
PPO
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OF ALAMEDA
Case No.
Plaintiff,
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COUNTY
Z10Vo0403¢
COMPLAINT
FOR DAMAGES
VS.
.
.
TESLA, INC. WHICH WILL DO BUSINESS
IN CALIFORNIA AS TESLA MOTORS.
INC.. a Delaware Corporation; EDAN
KURZWEIL. an individual. and DOES |
through 20, inclusive.
DEMAND
Defendants.
NR
Oo
RO
N
PR
ODO
PN
OA
PR
KR
FOR THE STATE OF CALIFORNIA
COMPLAINT
FOR DAMAGES
FOR JURY TRIALPage 2 —_
Eden Mederos complains and alleges as follows:
DN
NATURE OF THE CASE
FP
Although Tesla publicly claims that it fosters a safe and respectful environment
for its workers,1 the truth is that for years Tesla has subjected women to rampant sexual
oa
W
L
harassment.
Ms. Mederos worked at Tesla’s service centers in the Los Angeles region.
She was
NO
comments about her body, flirtations, and demeaning comments about her being in the wrong
Aa
line of work because she was a woman in a man’s profession.
Oo
better.
oOo
driving a Tesla. After she complained about his conduct to Human Resources (HR), he started a
|
campaign to retaliate against her. Ms. Mederos transferred to escape him; however, he persisted
DN
in showing up at her office and publicly criticizing her performance after she transferred.
W
manager who joined her new service center after she transferred was friends with Mr. Kurzweil.
FKP
He carried on the retaliation by yelling at her, talking over her, ignoring her work requests, and
oO
failing to promote her. Tesla’s HR failed to take any action to protect Ms. Mederos.
DO
years of harassment, she experienced high anxiety, sadness, and panic attacks, and had to leave
N
subjected to near daily harassment from the technicians she worked with, including sexual
her job to protect herself.
WDA
Edan Kurzweil flirted with her and tried to put his arm around her while they were test
A
After three
PARTIES
O
2.
Plaintiff Eden Mederos was employed by Tesla from approximately August of
2016 until approximately November of 2019.
3.
She now resides in Vancouver, Washington.
NY
W
California.
FBP
//
///
/I/
Oo
N
(“Tesla™ or “Defendant”), is a Delaware Corporation with its principal place of business in
oO
Defendant Tesla, Inc. Which Will Do Business In California As Tesla Motors, Inc.
DO
|=
FD
Most of her managers were no
' Tesla. Inc. 2020 10-K Report to the Securities and Exchange Commission at pp. 12-13.
https://www.sec.gov/Archives/edgar/data/1 3 18605/000156459021004599/tsla-
10k_20201231.htm
l
COMPLAINT
FOR DAMAGESPage 3 DNDN
Defendant Edan Kurzweil is an individual who was a Tesla Service Manager who
supervised Ms. Mederos.
W
_"s
4.
Angeles, California.
The true names and capacities of Defendants named herein as Does | through 20,
inclusive, whether individual, corporate, associate or otherwise are unknown to Plaintiff, who
therefore sues said Defendants by fictitious names pursuant to California Code of Civil Procedure
section 474.
Does
Plaintiff will amend this Complaint to show such true names and capacities of
| through 20, inclusive, when they have been determined.
=
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Venue is therefore proper in Alameda County.
Furthermore,
Defendant Tesla Inc. does business, and maintains offices and a
factory in Alameda County.
8.
On information and belief, Defendant Kurzweil resides in Los Angeles,
California.
5.
This Court has general jurisdiction to adjudicate this unlimited civil case. in which
the total amount in controversy, exclusive of interest and costs, exceeds $75.000.
10.
This Court has jurisdiction to adjudicate Plaintiff's claims under the Fair
Employment and Housing Act pursuant to California Government Code § 12965(b).
11.
=
NO
Venue is proper in Alameda County pursuant to Cal. Civ. Proc. Code §§ 395(a) and
Defendant is a corporation formed in Delaware, with its principal place of business in
7.
OT
—
California.
mi:
—
6.
This Court has personal jurisdiction over Defendant because Defendant maintains
NO
NHN
WwW
a place of business located in this county.
PROCEDURAL ALLEGATIONS
12.
FP
NO
NO
'
RD
VENUE AND JURISDICTION
395.5.
DOD
=
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Aa
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FR
5.
On information and belief, Plaintiff alleges that he resides in Los
Prior to filing this Complaint, Plaintiff filed a complaint with the Department of
Fair Employment and Housing against Defendant for discrimination, harassment. and retaliation
26 |, on December 13, 2021. Plaintiff obtained a notice of Right-to-Sue on the same date prior
to
filing this lawsuit.
WL
Elon Musk
Chairman of the Board and CEO
Accepted by:
Start Date:
Mederos
Date:
June 20th,
Page 4 of 6Page 24 NOTICE TO EMPLOYEE
Labor Code section 2810.EMPLOYEE
i
Employee Name: Eden Mederos
Start Date: June 20th, EMPLOYER
Legal Name
of Hiring Employer: Tesla Motors,
Inc.
Is hiring employer a staffing agency/business (e.g., Temporary Services Agency;
Employee
Leasing Company; or Professional Employer Organization [PEO])?
o Yes
x No
Physical Address of Hiring Employer’s Main Office:
3500 Deer Creek Rd. Palo Alto, CA
Hiring Employer’s Telephone Number: 650-681-
WAGE INFORMATION
Rate(s) of Pay: $18.
Overtime Rate(s) of Pay: 1.5x base pay rate or 2x
base pay rate — see OT policy for more information
Rate by (check box):
xHour
o Shift
aDay
oWeek
o Salary
oPiecerate
oo Commission
G Other (provide specifics):
Does a written agreement exist providing the rate(s) of pay?
(check box)
x Yes
No
If yes, are all rate(s) of pay and bases thereof contained in that written agreement?
Allowances,
xYes
if any, claimed as part of minimum wage (including meal or lodging allowances
):
(If the employee has signed the acknowledgment of receipt below, it does
not constitute a
“voluntary written agreement” as required under the law between the employer and
employee in
order to credit any meals or lodging against the minimum
agreement must be evidenced by a separate document.)
Regular Payday:
wage.
Any such voluntary written
Every other Friday
WORKERS’ COMPENSATION
‘Insurance Carrier’s Name: Zurich NA
Address: 1400 American Lane, Schaumburg, IL Telephone Number:
1.800.987.
Policy No.: MA: WC
0172150
Mederos
All Other States WC
Page 5 of
oa NoPage 25 @
ACKNOWLEDGMENT OF RECEIPT
Tesla Motors, Inc.
(PRINT NAME of Employer)
(PRINT NAME of Employee)
Tesla Motors, Inc.
(SIGNATURE of Employee)
(SIGNATURE of Employee)
(Date)
(Date)
The employee’s signature on this notice merely constitutes acknowledgment of receipt.
Labor Code section 2810.5(b) requires that the employer notify you in writing of any changes to the
information set forth in this Notice within seven calendar days after the time of the changes, unless one of
the following applies: (a) All changes are reflected on a timely wage statement furnished in accordance
with Labor Code section 226; (b) Notice of all changes is provided in another writing required by law
within seven days of the changes.
Mederos
-
Page 6 of 6
PDF Page 1
PlainSite Cover Page
PDF Page 2
_
DN
WwW
FR
351 California Street, Suite 700
San Francisco, CA 94104
oO
DAVID A. LOWE (SBN 178811)
dal@rezlaw.com
MEGHAN F. LOISEL (SBN 291400)
mfl@rezlaw.com
RUDY, EXELROD, ZIEFF & LOWE, LLP
Telephone: (415) 434-9800
FILED
ALAMEDA COUNTY
OD
NO
Facsimile: (415) 434-0513
DEC 44 2021
WILLIAM C. JHAVERI-WEEKS (SBN 289984)
wjw@jhaveriweeks.com
ALLY N. GIROUARD (SBN 336625)
°
|
<
THE JHAVERI-WEEKS FIRM
COMA
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: (415) 463-8097
Facsimile: (415) 367-1439
4 TVD
m 5
yer
ese
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es
=|
oOo
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ag@jhaveriweeks.com
ERK OF THE SUPERIOR COURT
De
Eden Mederos
ese
BR
ese
WO
Attorneys for Plaintiff
ose
OT
SUPERIOR COURT
EDEN
MEDEROS,
NMO
DOD
PO
FF
PMO
NY
PPO
Ww
OF ALAMEDA
Case No.
Plaintiff,
|
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|
|
WBN
=
DO
COUNTY
Z10Vo0403¢
COMPLAINT
FOR DAMAGES
VS.
.
.
TESLA, INC. WHICH WILL DO BUSINESS
IN CALIFORNIA AS TESLA MOTORS.
INC.. a Delaware Corporation; EDAN
KURZWEIL. an individual. and DOES |
through 20, inclusive.
DEMAND
Defendants.
NR
Oo
RO
N
PR
ODO
PN
OA
PR
KR
FOR THE STATE OF CALIFORNIA
COMPLAINT
FOR DAMAGES
FOR JURY TRIAL
PDF Page 3
—_
Eden Mederos complains and alleges as follows:
DN
NATURE OF THE CASE
FP
Although Tesla publicly claims that it fosters a safe and respectful environment
for its workers,1 the truth is that for years Tesla has subjected women to rampant sexual
oa
W
L
harassment.
Ms. Mederos worked at Tesla’s service centers in the Los Angeles region.
She was
NO
comments about her body, flirtations, and demeaning comments about her being in the wrong
Aa
line of work because she was a woman in a man’s profession.
Oo
better.
oOo
driving a Tesla. After she complained about his conduct to Human Resources (HR), he started a
|
campaign to retaliate against her. Ms. Mederos transferred to escape him; however, he persisted
DN
in showing up at her office and publicly criticizing her performance after she transferred.
W
manager who joined her new service center after she transferred was friends with Mr. Kurzweil.
FKP
He carried on the retaliation by yelling at her, talking over her, ignoring her work requests, and
oO
failing to promote her. Tesla’s HR failed to take any action to protect Ms. Mederos.
DO
years of harassment, she experienced high anxiety, sadness, and panic attacks, and had to leave
N
subjected to near daily harassment from the technicians she worked with, including sexual
her job to protect herself.
WDA
Edan Kurzweil flirted with her and tried to put his arm around her while they were test
A
After three
PARTIES
O
2.
Plaintiff Eden Mederos was employed by Tesla from approximately August of
2016 until approximately November of 2019.
3.
She now resides in Vancouver, Washington.
NY
W
California.
FBP
//
///
/I/
Oo
N
(“Tesla™ or “Defendant”), is a Delaware Corporation with its principal place of business in
oO
Defendant Tesla, Inc. Which Will Do Business In California As Tesla Motors, Inc.
DO
|=
FD
Most of her managers were no
' Tesla. Inc. 2020 10-K Report to the Securities and Exchange Commission at pp. 12-13.
https://www.sec.gov/Archives/edgar/data/1 3 18605/000156459021004599/tsla-
10k_20201231.htm
l
COMPLAINT
FOR DAMAGES
PDF Page 4
DNDN
Defendant Edan Kurzweil is an individual who was a Tesla Service Manager who
supervised Ms. Mederos.
W
_"s
4.
Angeles, California.
The true names and capacities of Defendants named herein as Does | through 20,
inclusive, whether individual, corporate, associate or otherwise are unknown to Plaintiff, who
therefore sues said Defendants by fictitious names pursuant to California Code of Civil Procedure
section 474.
Does
Plaintiff will amend this Complaint to show such true names and capacities of
| through 20, inclusive, when they have been determined.
=
oO
=
DY
ak
_
WO
BR
=k
ob
N
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DB
ms
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Venue is therefore proper in Alameda County.
Furthermore,
Defendant Tesla Inc. does business, and maintains offices and a
factory in Alameda County.
8.
On information and belief, Defendant Kurzweil resides in Los Angeles,
California.
5.
This Court has general jurisdiction to adjudicate this unlimited civil case. in which
the total amount in controversy, exclusive of interest and costs, exceeds $75.000.
10.
This Court has jurisdiction to adjudicate Plaintiff's claims under the Fair
Employment and Housing Act pursuant to California Government Code § 12965(b).
11.
=
NO
Venue is proper in Alameda County pursuant to Cal. Civ. Proc. Code §§ 395(a) and
Defendant is a corporation formed in Delaware, with its principal place of business in
7.
OT
—
California.
mi:
—
6.
This Court has personal jurisdiction over Defendant because Defendant maintains
NO
NHN
WwW
a place of business located in this county.
PROCEDURAL ALLEGATIONS
12.
FP
NO
NO
'
RD
VENUE AND JURISDICTION
395.5.
DOD
=
Oo
Aa
NO
oO
FR
5.
On information and belief, Plaintiff alleges that he resides in Los
Prior to filing this Complaint, Plaintiff filed a complaint with the Department of
Fair Employment and Housing against Defendant for discrimination, harassment. and retaliation
26 |, on December 13, 2021. Plaintiff obtained a notice of Right-to-Sue on the same date prior
to
27
filing this lawsuit.
28
/I/
2
COMPLAINT
FOR
DAMAGES
PDF Page 5
Ms. Mederos Was Harassed and Retaliated by Tesla’s Management and
Employees.
13.
Tesla hired Ms. Mederos in August 2016 to work as a concierge in its Centinela
ODO
FEF
oO
Service Center in Los Angeles.
employment.
14.
She was promoted to Lead Service Advisor before the end of her
struggling service centers.
and parts employees at various Tesla service centers in the Los Angeles area.
15.
atmospheres.
er
DO
Everywhere she went, Tesla’s service centers had the same male-dominated
Almost all of the services managers were male.
Lewd jokes and comments about
16.
As she walked through the service shops, she would hear the men whistle at her
and hear the men say “Damn” as she walked past.
17.
After interactions with male customers, her coworkers would say, “If you just
turned around and showed you ass, you would have a rich husband.”
If she had a challenging
customer, her coworkers would say, “If you showed a bit of skin, the customers would be nicer.”
The technicians frequently made belittling and sexist comments.
They would say.
“A pretty girl shouldn’t be working in a service center,” “You should play dumb when talking to
customers,” and “Girls don’t know cars.”
PO
F=-=
>
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18.
PO
DOD
S&S
|
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She trained service assistants, service advisors, concierges, managers,
women’s bodies were pervasive.
hur
ON
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Ms. Mederos was also entrusted with training new hires and employees at
OO
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TO ALL CAUSES OF ACTION
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them.
pretend not to hear them and bury her frustration.
environment weighed heavily on her.
This led her coworkers to assume that she could not hear
They would say offensive comments well within her earshot.
Ms. Mederos brought toy dinosaurs in to decorate her desk.
PO
N
20.
For the most part, she would
But being in this persistently sexist
putting them in sexual positions on her desk on a daily basis.
NO
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RN
DO
to ask people to repeat themselves.
RN
FB
Ms. Mederos sometimes has difficulty hearing certain tones and, at times, has had
PR
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1.
dinosaurs.
>
J
COMPLAINT
FOR DAMAGES
The technicians kept
Ms. Mederos had to remove the
PDF Page 6
21.
NY
to throw coins down women, including Ms. Mederos’ shirts.
WO
The shirts Tesla issued to female employees were low cut. Technicians would try
sweaters.
to the other technicians, thinking that Ms. Mederos could not hear. Anytime she walked through
the shop, he would whistle at her. He said, “I’ve never seen a white girl with an ass like her.”
ON
oO
Jonathan (last name unknown), who went by “Fuzzy,” frequently made comments
OO
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Later when she disclosed that she was half Cuban, Jonathan said, “That explains why you have
an ass,” and “That's why you have a figure.”
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Chris Carpenter and Aaron (last name unknown) would sit together and comment
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to him as “Cock-sillas”
her. They would mostly comment on her butt, using offensive words, like “ass,” “cake,” or
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|
Everyone referred
“dump truck.”
They would make
jokes,
like asking her if she could hold a Cup up with just her
“ass.”
26.
When she was promoted, they would talk about other women directly in front of
DOD
NYO
There was a male technician whose last name was “Casillas.”
her, thinking that she couldn’t hear.
|=
PO
24,
The coworker said, “That girl is
on any woman walking by. When Ms. Mederos was a concierge, they directed their comments at
female customers and coworkers. saying things like they would “eat her” or “eat her butt.”
NY
PN
A coworker of Ms. Mederos’ told her that when a woman and her young daughter
twelve.” Jonathan responded, “Those tits aren’t twelve.”
Wo
LP
He made these comments over and over.
came into the store, Jonathan commented on the girl’s breasts.
ZT
They would talk about performing oral sex on specific
After a hip surgery in 2017, Ms. Mederos had to wear stretchy pants to work.
She
received even more harassing comments during this time.
OW
OO
wink at her.
significant amount of her time to laugh it offor directly tell him to stop before he would give her
the information she needed to do her job.
PR
PR
asked Eric (last name unknown) questions, he would bite his lip (as if he was attracted to her) or
NN
If she
RPO
Sometimes Ms. Mederos had to ask technicians questions to do her job.
Oo
28.
NM
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Er
23.
NR
Ms. Mederos began wearing
He would flirt with her instead of giving her the information she requested.
4
COMPLAINT FOR DAMAGES
It took a
PDF Page 7
—_
DN
Any time she befriended a male colleague, there would be rumors that she was
dating the colleague.
30.
These rumors were unfounded.
morning.
shortly thereafter when someone brought popsicles to work.
Her co-workers started joking that the banana was a penis. They did the same thing
She found that she could not even
eat with a spoon without someone saying, “How much can you fit in your mouth?” “I know that
Ms. Mederos
stopped eating at work because she could not avoid such comments.
close enough to restaurants for her to go out to lunch, so she often skipped lunch all together.
oOo
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you can take a bigger bite than that,” or saying “Ouch,” as if she were biting them.
Oo
NO
KR
Early on, Ms. Mederos brought a banana to work and ate it as a snack in the
oO
WW
29.
31.
The service center was not
Technicians would tell her that she looked stressed and start rubbing her
shoulders, which led her to often sit on the floor against a wall to avoid them.
32.
about “69s.”
Tesla’s CEO Elon Musk would regularly tweet jokes about 4:20 and make jokes
When Mr. Musk did this, everyone at the service center would read the tweets.
The
managers and technicians would bring up the tweets, laugh about them, and make their own
jokes, riffing on the sexual themes. When Tesla launched the Model Y, Elon repeatedly pointed
out that when one reads the Tesla Models S, 3, X, and Y together, it spells “SEXY.”
Ms. Mederos’ co-workers latched onto this calling everything “sexy.”
Some of
For example, they would
call a battery. a pencil. and any object they saw sexy.
33.
HR did not take an active role at the service centers.
being responsive.
34.
It had a reputation for not
The employees joked that HR was not real.
On a couple occasions. Ms. Mederos asked her managers for HRs number.
Sometimes, they said that they did not know it. Other times, they said they would get back to
her. but did not. Other female coworkers had the same experience.
35.
Tesla’s lack of HR presence translated into a disrespect for the rules.
Ms. Mederos and her co-workers would periodically take sexual harassment courses one by one
on a computer.
Everyone would joke about it. And the sexualized comments from the
supervisors and staff would actually increase around the time that the sexual harassment courses
were taken because people thought it was funny to openly flout the rules. Technicians would
5
COMPLAINT FOR DAMAGES
PDF Page 8
—_—
Or they would walk by and
say, “I better not get too close. I don’t want to sexually harass you.”
36.
KR
Atthe Centinela Service Center, Ms. Mederos was harassed by her manager,
Mr. Kurzweil.
OO
W
PD
touch her arm or leg and say, “Oh no, I’m sexually harassing you.”
today.” He became more direct over time.
Mr. Kurzweil began by complimenting her. He would say, “Oh, you look pretty
She heard him talking about her “ass,” when she was
NO
within earshot.
37.
Oa
was by a door, she would often just wait until he was gone to avoid this forced flirtation.
oO
including Ms. Mederos, were trying to get by.
Oo
Mr. Kurzweil regularly used his body to block the doorway when women,
38.
shoulder.
She had to laugh it off and scooch by.
When he
While Mr. Kurzweil and Ms. Mederos test drove a car, he put his hand on her
He told her that she “should be calmer because that is what is expected of a woman.”
Offended, Ms. Mederos got out of the car and walked back to the service center.
Ms. Mederos
has heard Mr. Kurzweil used similar verbiage when speaking with other women.
39.
him.
Mr. Kurzweil did not like women who spoke up, joked around, or disagreed with
Mr. Kurzweil criticized Ms. Mederos for showing her bubbly and outgoing personality,
which made her feel small.
Mr. Kurzweil also talked down to her, and he regularly yelled at her.
40.
| Ms. Mederos reported Mr. Kurzweil’s condescending behavior to HR.
41.
Tesla*s HR representative, Alfonso Ribiero, responded to her email.
He told her
that he would meet with her to talk about her complaints, then they may meet with Mr. Kurzweil.
42.
However, when Mr. Ribiero arrived at the Centinela Service Center, he called
Ms. Mederos and Mr. Kurzweil into a room together.
43.
accusations.”
Mr. Kurzweil.
Mr. Ribiero started by telling Ms. Mederos that she had made “aggressive
Mr. Ribiero asked Ms. Mederos to state her complaint to himselfin front of
Ms. Mederos started to explain, but Mr. Kurzweil immediately shut her down.
interrupted her and talked over her whenever she spoke.
He
He called her a liar, and said she was at
fault for perceiving his actions incorrectly, She was barely permitted to speak due
to
Mr. Kurzweil’s constant interruptions. Faced with this onslaught, Ms. Mederos began
to cry.
Mr. Kurzweil walked out.
6
COMPLAINT FOR DAMAGES
PDF Page 9
PD
WW
asked him how she was supposed to continue working all day after the confrontation.
FR
Mr. Ribiero told her to go home because she was emotional. Mr. Ribiero assured her that her
concerns would be addressed another time.
45.
He was friendly with
And Mr. Ribiero regularly went out to bars with other managers.
46.
Ms. Mederos never heard from Mr. Ribiero again.
47.
Ms. Mederos tried to reach out to Mr. Ribiero to follow up on her complaint but
She believes that he left Tesla.
follow up with and could not reach anyone.
Ms. Mederos.
to counsel Mr. Kurzweil.
we
KR
eR
=|
never got a response.
De
DB
oo
OD
Mr. Kurzweil.
Mr. Ribiero’s lack of neutrality was not surprising.
She
Oo
NOD
confrontation was not what she expected when she reported Mr. Kurzweil’s conduct to HR.
eRe
WH
oe
Ms. Mederos told Mr. Ribiero that she was uncomfortable and that this
oO
—
44.
No one ever affirmatively reached out to
To her knowledge, Tesla never took any action to address the issues she raised or
we
OT
ae
WD
asked for time off far in advance.
ae
N
complete the necessary paperwork, despite Ms. Mederos reminding him to. Following the
meeting, Mr. Kurzweil denied this pending request. in order to ruin Ms. Mederos’ plans.
Ms. Mederos went anyway and risked losing her job.
NO
DOD
She had planned to fly to meet her brother and attend a concert with him that weekend and had
ae
DA
After the meeting with Mr. Ribiero, Mr. Kurzweil retaliated against Ms. Mederos.
>See
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48.
She was not given another HR contact to
NO
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YN
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had approached her, but he clarified that he knew about what had happened with Mr. Kurzweil.
Apparently, Mr. Kurzweil or Mr. Ribiero had told others that she had made an unfounded
complaint against Mr. Kurzweil.
NO.
NM
oN
NO.
ODO
NO
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unknown) approached Ms. Mederos and told her to seek therapy.
NO
Wo
When she returned from her trip, an assistant manager named Richard (last name
NO
FR
49.
Mr. Kurzweil had told her that it would be fine but did not
50.
condescending.
job).
At first. she was unsure why he
-
Mr. Kurzweil’s demeanor towards Ms. Mederos worsened.
He was cold and
Mr. Kurzweil would not answer her questions or help her (which was part of his
When she asked him questions. he would just say “do whatever.”
There were certain
decisions that Ms. Mederos was not authorized to make. including decisions that would
have
7
COMPLAINT
FOR DAMAGES
PDF Page 10
—
DN
WwW
Fe
52.
Mr. Kurzweil’s behavior was apparent to the technicians.
Oa
OO
Mr. Kurzweil told her it was her responsibility because she was “basically the lead advisor,” even
not Ms. Mederos’ customer and tried to calm Mr. Kurzweil down.
oO
er
and screamed at Ms. Mederos, accusing her of messing up. But the person was not her customer.
though this was not her title or job.
come nearby when Mr. Kurzweil interacted with Ms. Mederos, so that Mr. Kurzweil would
moderate his behavior.
DY
ae
Mr. Kurzweil came out
53.
A technician came over and explained that the customer was
This technician would often
Mr. Kurzweil never promoted Ms. Mederos, even though she had attended a
WO
ese
For example, a customer complained and yelled at Mr. Kurzweil.
management training course shortly before he became her manager.
KR
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her.
Some tried to protect
=|
NO
oa
In meetings, he would berate her in front of the shop or talk over her.
leadership opportunities, including the opportunity to train other employees, that she had while
OTD
oe
should make the decision, even though she did not have the authority.
51.
being managed by other managers.
N
Oo
transfer request, which he did multiple times. Other times he delayed taking action until the
DBD
request expired, which Ms. Mederos learned from an assistant manager at the location she had
|-+>
requested to transfer to, Jason Davis.
transfer because she was dating Mr. Davis — she was not.
go above Mr. Kurzweil and obtained a transfer to the Torrance Service Center.
55. .
However, Tesla required both the
Mr. Kurzweil told HR that he would not approve her
Eventually, Ms. Mederos was able to
Before Ms. Mederos’ transfer was complete, Mr. Kurzweil gave Ms. Mederos a
PO
oO
ODO
Ms. Mederos’ last day at the Centinela Service Center was July 21. 2018.
57.
Even after Ms. Mederos transferred, Mr. Kurzweil would visit the Torrance
RO
RO
56.
co
RN
poor performance review, even though she had excellent objective results.
NN
PR
DYMO
NDO
S|&
|
HS
WA
current and future manager to sign offon a transfer, so Mr. Kurzweil had the power to deny her
FF
transfer to a different service center to escape Mr. Kurzweil.
NY
Ms. Mederos contacted the person who had recruited her to Tesla and requested a
PO
54.
And he denied her
WwW
DO
=
When she asked Mr. Kurzweil to weigh in, he would tell her that she
KN
Ss
monetary implications.
Service Center.
He would come and sit on her desk, putting his butt right next to her computer.
8
COMPLAINT
FOR DAMAGES
PDF Page 11
—"s
ND
W
know of a reason.
58.
She asked her coworkers if there was a reason for him to be there, and they did not
During a CIS Roundup, a management meeting to discuss the centers’ customer
service experiences, there was a discussion that Torrance’s customer service numbers were
OD
“I'm glad that she is doing something good for you guys.
O
improving due in part to Ms. Mederos’ efforts. Mr. Kurzweil criticized Ms. Mederos, saying,
worked for us.” This meeting included management and others from the other service centers in
oOo
NO
new location.
KF
He would
oO
When she responded, “Working.”
Joke, “That’s a change.” He clearly wanted her to think that he still had power over her in the
the region, including people Ms. Mederos did not know and those she would need to impress to
That doesn’t sound like the Eden who
advance at the company.
ere
NYP
er
=|
er
He would say things like, “What are you doing.”
ae
WW
Ms. Mederos continued to experience harassment at the Torrance Service Center.
When she walked through the service shop, the technicians would make the same sort of
Sse
BR
59,
comments about her “ass” on a daily basis.
After Ms. Mederos started at Torrance, there was a change in leadership and Mark
Miyamota became her manager.
61.
|
WDB
with coworkers, including Ms. Mederos, Mr. Miyamota pointed out women wearing yoga pants.
|
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For example, at a lunch
He said, “Oh, the things I would do to her” and “Women who wear pants like that do it fora
DYMO
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Mr. Miyamota would constantly comment on women.
reason.”
PMO
FF
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OD
es
OT
60.
that he was dating the HR representative for the service center.
PR
NYO
RP
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taking customers.
care of the woman before the technicians could get there.
He generally avoided
But when the customer was an attractive woman, he would run over to take
He too had’a cool attitude
RN
DO
Mr. Miyamota was close friends with Mr. Kurzweil.
toward her.
RN
N
63.
Mr. Miyamota would obviously try to meet women at work.
During her performance meetings. he never identified anything that she needed to improve.
NO
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PR
on
62.
KR
FPF
Ms. Mederos thought it was futile to report him to HR because it was widely rumored
Nevertheless, when she received his reviews of her, they were poor.
He never promoted her even though her peer reviews rated her at almost 100%.
9
COMPLAINT
FOR DAMAGES
PDF Page 12
ND
trained were being quickly promoted above her, and she was training them for the more senior
W
Ms. Mederos asked Mr. Miyamota for a raise, explaining that people she had
positions.
FR
—
64.
responded, “If you are only in it for the money, you should quit right now.”
Mr. Miyamota
He also denied her leadership opportunities, including the opportunity to train
other employees.
66.
Ms. Mederos would work fourteen-to-sixteen-hour days and then come home and cry, knowing
the next day would be awful. Her family and boyfriend noticed the change in her behavior.
Oo
A
The stress of working in this sexist, hostile environment became overwhelming.
O
N
ODO
Oo
65.
She also believed that her male coworkers were getting paid more.
67.
When she started at Tesla, she was always the first in the office and made an effort
to brighten everyone’s morning.
Towards the end of her tenure, she could barely get herself to
even go into work.
68.
Ms. Mederos began having panic attacks.
She went to the doctor once because
she believed that she was having a heart attack, but the doctor told her it was a panic attack.
Another time at work, she had another panic attack after Mr. Miyamota had angrily talked down
to her.
69.
Ms. Mederos reached her breaking point and had to leave Tesla around November
B.
Tesla’s Arbitration Agreement is Unenforceable.
70.
Like many tech employers, Tesla has sought to shield itself from public
2019.
accountability by forcing employees. as a condition of employment, to waive their rights to a jury
or court trial and instead agree to have their legal claims shunted into private, confidential
arbitration.
At the start of her employment, Tesla provided Ms. Mederos with an offer letter that
included a mandatory arbitration provision.
(Exhibit A.)
However, Tesla overreached and
sought to impose on Ms. Mederos an arbitration that is procedurally and substantively
unconscionable and. therefore, unenforceable.
Ms. Mederos had no opportunity to attempt to
negotiate this provision — it was a take-it-or-leave adhesion contract required as a condition
of
working for Tesla.
The agreement is therefore procedurally unconscionable.
10
COMPLAINT
FOR DAMAGES
PDF Page 13
_
OP
Ow
OB
Om
Oe
71.
The arbitration agreement is also substantively unconscionable in several ways.
First, arbitration agreements imposed as a condition of employment must be mutual, but Tesla’s
agreement lacks the required mutuality because it would require arbitration of any employment
law claim brought by Plaintiff, but it allows Defendant to bring in court any claim against
Plaintiff for violation of Tesla’s proprietary information and inventions agreement.
Such
lopsided arbitration agreements, which allow the employer to go to court on the claims most
unfair and unconscionable.
In addition, the arbitration agreement unlawfully requires the parties
to keep the proceedings secret. Courts have held that such overbroad confidentiality provisions
in arbitration agreements favor companies over individuals and are unconscionable because such
requirements place the company in a “far superior legal posture,” and “may prevent potential
plaintiffs from obtaining the information needed” to build their case.
Finally, Tesla’s agreement
also illegally implies that employees cannot bring claims before state agencies.
72.
In short, the arbitration provision is permeated with unconscionability.
Moreover,
it had long been clear under binding law when Tesla presented the arbitration agreement to
Ms. Mederos that the non-mutual requirement to arbitrate, the confidentiality provision, and the
implied prohibition on making complaints to a state agency were substantively unconscionable.
Therefore, these provisions were included in bad faith and may not be severed.
73.
For the foregoing reasons, among others, Plaintiff seeks a declaration that the
arbitration agreement is not enforceable.
(Sexual Harassment in Violation of FEHA, Gov. Code § 12940 ef seq. against Defendant
Tesla and Defendant Kurzweil)
NO
00
NO
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PR
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PN
Se
FIRST CAUSE OF ACTION
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likely to be brought by the employer, but which force employees to arbitrate their claims, are
74.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
75.
Ms. Mederos is a woman who was employed by Tesla.
76.
Ms. Mederos was subjected to severe and pervasive harassing conduct from her
managers. including Mr. Kurzweil, and colleagues because she is a woman.
L]
COMPLAINT
FOR DAMAGES
PDF Page 14
DN
78.
Ms. Mederos’ circumstances constituted a hostile work environment.
79.
The comments directed to Ms. Mederos were unwelcome.
80.
Tesla is strictly liable for the sexual harassment because it was conducted by
Tesla’s Mangers, who had authority to direct Ms. Mederos’ work activities, evaluate her
performance, and discipline her.
81.
Tesla and Mr. Kurzweil knew or should have known of the rampant sexual
harassment directed at Ms. Mederos because the behavior was committed and/or witnessed by
Managers and was generally known to and tolerated by Tesla. Yet Tesla and Mr. Kurzweil failed
to take immediate and appropriate corrective action.
er
W
ere
=|
Go
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NO
Fe
nature, and unwanted attempts by her manager to put his hand on her shoulder.
oO
daily obscene comments and catcalls of an objectifying, demeaning, condescending, and sexual
ee
YB
er
As detailed above, this severe, pervasive, and harassing conduct included near-
WwW
—_
77.
ee
HR
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.
83.
Tesla and Mr. Kurzweil committed the aforementioned acts despicably,
|
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improper and evil motive amounting to malice, and in conscious disregard of her rights and
DYMO
FD
safety.
NYO
FF
maliciously, and willfully, with the wrongful intention of injuring Ms. Mederos, from an
Ms. Mederos is thus entitled to recover punitive damages from Tesla and Mr. Kurzweil in an
KP
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WN
unlawful actions, Ms. Mederos has suffered physical injury, pain and suffering and continues to
Sse
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As a direct, foreseeable, and proximate result of Tesla and Mr. Kurzweil’s
=e
DO
82.
amount according to proof.
SECOND
CAUSE OF ACTION
(Failure to Prevent Sexual Harassment in Violation of FEHA, Gov. Code § 12940(k) against
Defendant Tesla and Defendant Kurzweil)
84.
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Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
NO
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FBP
PN
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Tesla’s managing agents were on notice of and ratified the offending conduct.
//
12
COMPLAINT
FOR DAMAGES
DN
WO
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 resign.
94.
As a direct, foreseeable, and proximate result of Tesla and Mr. Kurzweil’s
unlawful actions, Ms. Mederos 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.
WO
improper and evil motive amounting to malice, and in conscious disregard of her rights and
KR
safety.
oa
Ms. Mederos is thus entitled to recover punitive damages from Tesla and Mr. Kurzweil in an
S|
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amount according to proof.
Ss
Se
Sse
Sse
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maliciously, and willfully, with the wrongful intention of injuring Ms. Mederos, from an
nN
Tesla and Mr. Kurzweil committed the aforementioned acts despicably,
|
SS
95.
—
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Ms. Mederos resigned because of these working conditions.
Oo
93.
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OW
Tesla, through its officers, managing agents, and/or supervisory employees,
NN
Plaintiff.
KF
By engaging in the above unlawful conduct, Tesla constructively discharged
a
—
92.
Tesla’s managing agents were on notice of and ratified the offending conduct.
WDB
oO
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NM
BD
F|F-
PMP
PNM
97.
NY
Wo
PP
forth herein and alleges as follows:
FEHA makes it unlawful for an employer-to discriminate against a person because
she has opposed practices that are unlawful under the FEHA.
98.
FBP
PNP
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
As set forth above, Ms. Mederos engaged in protected activity by opposing and
oO
NP
96.
reporting complaints of sexual harassment.
ODO
PR
(Retaliation in Violation of FEHA, Gov. Code § 12940(h) against Defendant Tesla and
Defendant Kurzweil)
her manager, Mr. Kurzweil when he put his hand on her shoulder.
N
RP
RO
CAUSE OF ACTION
objected to this inappropriate conduct when she got out of the car and walked back to the service
Oo
|=
FOURTH
center.
Ms. Mederos also rebuffed the sexual advances of
She made it clear that she
She also objected to Mr. Kurzweil’s demeaning and condescending criticism of her.
14
COMPLAINT FOR DAMAGES
PDF Page 17
—_
The conduct that Ms. Mederos reported, complained of, and objected to
constituted unlawful sexual harassment and discrimination under the FEHA.
100.
KR
| After making these complaints and objecting to the above inappropriate conduct,
Ms. Mederos was retaliated against in various ways.
oO
WY
DN
09.
He became cold and condescending to her. He failed to promote her. And he denied her transfer
Mr. Kurzweil denied her vacation request.
OD
NO
requests.
101.
yelling at her, and failing to promote her or give her a raise.
102.
oO
Mr. Miyamota carried on Mr. Kurzweil’s retaliation by being condescending,
Asa
direct, foreseeable, and proximate result of Tesla and Mr. Kurzweil’s
unlawful actions, Ms. Mederos 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.
103.
Tesla and Mr. Kurzweil committed the aforementioned acts despicably,
maliciously, and willfully, with the wrongful intention of injuring Ms. Mederos, from an
improper and evil motive amounting to malice, and in conscious disregard of her rights and
safety. Tesla’s managing agents were on notice of and ratified the offending conduct.
Ms. Mederos is thus entitled to recover punitive damages from Tesla and Mr. Kurzweil in an
amount according to proof.
FIFTH CAUSE OF ACTION
(Wrongful Termination in Violation of Public Policy against Defendant Tesla)
104.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
105.
.
| Tesla’s constructive discharge of Ms. Mederos 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 or retaliate against employees for reporting
discrimination or harassment.
106.
Asa
direct, foreseeable, and proximate result of Tesla and Mr. Kurzweil’s
unlawful actions, Ms. Mederos has suffered physical injury, pain and suffering and continues to
15
COMPLAINT FOR DAMAGES
PDF Page 18
all to her damage in an amount to be proven at the time of trial.
107.
“4
FR
Tesla and Mr. Kurzweil committed the aforementioned acts despicably,
maliciously, and willfully, with the wrongful intention of injuring Ms. Mederos, from an
oO
WOW
DN
suffer severe emotional distress, including shame, anxiety, embarrassment, stress, and indignity,
improper and evil motive amounting to malice, and in conscious disregard of her rights and
NO
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amount according to proof.
SIXTH CAUSE OF ACTION
Co
Ms. Mederos is thus entitled to recover punitive damages from Tesla and Mr. Kurzweil in an
Oa
safety. Tesla’s managing agents were on notice of and ratified the offending conduct.
(Declaratory Relief, Code of Civil Procedure § 1060 against Defendant Tesla)
108.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
109.
Pursuant to California Code of Civil Procedure § 1060, Plaintiff requests that the
Court declare the arbitration provision in Plaintiff's offer letter (Exhibit A) to be unenforceable
because it is procedurally and substantively unconscionable.
110.
| Resolution of this declaratory relief action concerning contractual provisions
challenged will have concrete practical consequences: a dispute has arisen that causes these
provisions to come into play, and Plaintiff's right to pursue her employment law claims before
this Court depends on the resolution of this question.
PRAYER FOR RELIEF
WHEREFORE,
Ms. Mederos prays for judgment against Tesla and and Mr. Kurzweil as
follows:
.
l.
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. Mederos of costs of suit incurred herein and reasonable
attorneys’ fees;
16
COMPLAINT
FOR DAMAGES
PDF Page 19
—_
For prejudgment interest and post-judgment interest permitted by law; and
DN
5.
For a declaration that Tesla’s arbitration provision (Exhibit A) is unconscionable
and unenforceable; and
6.
For an award of such other and further relief as the Court deems just and proper.
oO
KR
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4.
December
Respectfully submitted,
14, 2021
NO
DATED:
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RUDY, EXELROD, ZIEFF & LOWE, LLP
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MEGHAN F. LOISEL
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THE JHAVERI-WEEKS FIRM
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WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
oh
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Attorneys for Plaintiff Eden Mederos
owe
DO
DEMAND
FOR JURY TRIAL
DATED:
December
14, 2021
Respectfully submitted,
RUDY, EXELROD, ZIEFF & LOWE, LLP
hh Zuo
DAVIDAALOWK
MEGHAN F. LOISEL
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Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable.
FIRM
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THE JHAVERI-WEEKS
Attorneys for Plaintiff Eden Mederos
NS
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WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
17
COMPLAINT
FOR DAMAGES
PDF Page 20
EXHIBIT A
PDF Page 21
T=S5LArA
June 10th, 2016
Eden Mederos
4150 W 161st street
Lawndale, CA 90260
Dear Eden:
Tesla Motors, Inc.
position of Service
perform the duties
Krikorian, Service
(“Tesla” or the “Company”) is pleased to offer you the non-exempt, hourly
Concierge on the terms set forth below. As Service Concierge, you will
customarily associated with this position. You will report to Arbi DerManager. Your duties, responsibilities, job title, and work location may be
change d at any time by Tesla.
Your
rate
of
withholdings.
pay
will
be
$18.00
per
hour,
subject
to
standard
payroll
As a non-exempt employee, you will be entitled to overtime.
for vacation and sick leave according to Tesla's standard
policy.
deductions
and
You will be eligible
Subject to the rules of the
applicable plan documents, you will also be eligible to receive other benefits Tesla may provide
to its e mployees (e.g., health and dental insurance coverage) beginning on your date of hire.
Tesla may consider you for bonuses, although the amount of such bonuses, if any, and the
criteria for determining the award of such bonuses, if any, shall be in the sole discretion of
Tesla. Of course, Tesla reserves the right to modify your compensation and benefits from time
to time, as it deems necessary.
Tesla Motors, Inc. offers a competitive benefits package described below:
Shares: Should you decide to accept the position we will recommend
of Directors, or committee thereof, that the company grant you an
to Tesla’s Board
equity award of
$8,000.00 in the form of Restricted Stock Units ("RSUs”), which you will only receive at
the time of vesting, as described below. This value is determined based on our standard
equity granting policies. The actual number of RSUs that you receive will depend on the
value of our stock at or around the time your grant is approved, as determined by Tesla’s
Compensation Committee. This award, shall be subject to the terms and conditions of
Tesla's 2010 Equity Incentive Plan and your Award Agreement, including vesting
requirements. Specifically, the RSUs shall vest over a period of four years as follows:
twenty-five percent (25%) of the award shall vest on the first anniversary and six and
twenty-five hundredths percent (6.25%) shall vest quarterly thereafter for the following
twelve quarters of the date vesting begins (such date to be indicated in your Award
Agreement), subject to your continuing eligibility through the applicable vesting dates.
No RSUs shall vest other-than on the first anniversary_and twelve subsequent quarterly
vest dates.
Please be aware that Tesla makes no representation about the future value of the equity
award granted herein, and you should be aware that the value of this award will fluctuate
in the future. Finally, the receipt of this award is subject to your signing the appropriate
Award Agreement through the E*Trade portal.
401K Program: You will be eligible to participate in Tesla’s 401K program after your first
Mederos
Page 1 of 6
PDF Page 22
pay check. Our 401K program is administered by Fidelity Investments.
Vacation Program:
Regular full-time employees and part-time employees who work 20
hours per week are eligible for PTO immediately and accrue PTO at 1.25 days per
month (for a total of 15 days per calendar year).
The Company is excited about your joining and looks forward to a beneficial and fruitful
relationship. Nevertheless, you should be aware that your employment with the Company is for
no specified period and constitutes at-will employment. As a result, you are free to resign at any
time, for any reason or for no reason, with or without notice. Similarly, the Company is free to
conclude
its employment
relationship with you at any time, with or without cause,
and
with or
without notice.
We ask that, if you have not already done so, you disclose to Tesla any and all agreements
relating to your prior employment that may affect your eligibility to be employed by Tesla or limit
the
manner
in
which
you
may
be
employed.
It is Tesla’s
understanding
that
any
such
agreements will not prevent you from performing the duties of your position and you represent
that such is the case. We want to emphasize that we do not wish you to bring any confidential
or proprietary materials of any former employer which would violate any obligations you may
have to your former employer. You agree not to make any unauthorized disclosure to Tesla or
use on behalf of Tesla
any confidential
information belonging to any of your former employers
(except in accordance with agreements between Tesla and any such former employer).
You
also warrant that you
and
proprietary information.
do not possess
any
property containing
a third party's confidential
Of course, during your employment with Tesla, you may make use of
information generally known and used by persons with training and experience comparable to
your own, and information which is common knowledge in the industry or is otherwise legally
available in the public domain. Moreover, you agree that, during the term of your employment
with the Company, you will not engage in any other employment, occupation, consulting or other
business activity directly related to the business in which Tesla is now involved or becomes
involved during the term of your employment, nor will you engage in any other activities that
conflict with your obligations to Tesla.
As a Tesla employee, you will be expected to abide by all Tesla policies and procedures, and,
as a condition of your employment, you will sign and comply with Tesla's standard confidentiality
agreement which prohibits unauthorized use or disclosure of Tesla confidential information or
the confidential information of Tesla's clients.
In addition, to ensure the rapid and economical resolution of disputes that may arise in
connection with your employment with Tesla, you and Tesla agree that any and all disputes,
claims, or causes of action, in law or equity, arising from or relating to your employment, or the
termination of your employment, will be resolved, to the fullest extent permitted by law by final,
binding and confidential arbitration in your city and state of employment conducted by the
Judicial Arbitration and Mediation Services/Endispute, Inc. (“JAMS”), or its successors, under
the then current rules of JAMS for employment disputes; provided that:
a.
Any claim, dispute, or cause of action must be brought in a party’s individual Capacity,
and not as a plaintiff or class member in any purported class or representative
proceeding; and
b.
:
The arbitrator shall have the authority to compel adequate discovery for the resolution of
the dispute and to award such relief as would otherwise be permitted by law; and
c.
The arbitrator shall not have the authority to.consolidate the claims of other employees
and shall not have the authority to fashion a proceeding as a Class or collective action or
Mederos
Page 2 of 6
PDF Page 23
to award relief to a group or class of employees in one arbitration proceeding; and
d.
The arbitrator shall issue a written arbitration decision including the arbitrator's essential
findings and conclusions and a statement of the award: and
e.
Both you and Tesla shall be entitled to all rights and remedies that you or Tesla would
be entitled to pursue in a court of law; and
f.
Tesla shall pay all fees in excess of those which would be required if the dispute was
decided in a court of law.
Nothing in this agreement is intended to prevent either you or Tesla from obtaining injunctive
relief in court to prevent irreparable harm pending the conclusion of any such arbitration.
Notwithstanding the foregoing, you and Tesla each have the right to resolve any issue or
dispute arising under the Proprietary Information and Inventions Agreement by Court action
instead of arbitration.
Arbitrable claims do not include, and this Agreement does not apply to or otherwise
restrict,
administrative claims you may bring before any government agency where, as a matter
of law,
the parties may not restrict your ability to file such claims (including discrimination and/or
retaliation claims filed with the Equal Employment Opportunity Commission and
unfair labor
practice charges filed with the National Labor Relations Board). Otherwise, it is agreed
that
arbitration shall be the exclusive remedy for administrative claims.
You acknowledge and agree that: (i) in the course of your employment by the Company,
it will
be necessary for you to create, use, or have access to (A) technical, business, or
customer
information, materials, or data relating to the Company's present or planned
business that has
not been released to the public with the Company’s authorization, including, but
not limited to,
confidential information, materials, or proprietary data belonging to the Company
or relating to
the Company's affairs (collectively, “Confidential Information”) and (B) information
and materials
that concern the Company’s business that come
into the Company’s possession by reason of
employment with the Company (collectively, “Business Related Information”); (ii) all
Confidential
Information and Business Related Information are the property of the Company;
(iii) the use,
misappropriation, or disclosure of any Confidential Information or Business
Related Information
would constitute a breach of trust and could cause serious and irreparab
le injury to the
Company; and (iv) it is essential to the protection of the Company’s goodwill and
maintenance
of the Company's competitive position that all Confidential Information and Business
Related
Information be kept confidential and that you do not disclose any Confident
ial Information or
Business Related Information to others or use Confidential Information or Business
Related
Information to your own advantage or the advantage of others.
In recognition of the acknowledgment above, you agree that until the Confidential
Information
and/or Business Related Information becomes
publicly available (other than through a breach
by you), you shall: (i) hold and safeguard all Confidential Information and Business
Related
Information in trust for the Company; (ii) not appropriate or disclose or
make available to anyone
for use outside of the Company's organization at any time any Confident
ial Information and
Business Related Information, whether or not developed by you; (iii) keep
in strictest confidence
any Confidential Information or Business Related Information; (iv) not disclose
or divulge, or
allow tc be disclosed or divulged by any person within your control, to
any person, firm, or
corporation, or use directly or indirectly, for your own benefit or the benefit of
others, any
Confidential Information or Business Related Information; and (v) upon the
termination of your
employment, return all Confidential Information and Business Records and
not make or retain
any copies or exacts thereof.
Mederos
Page 3 of 6
PDF Page 24
lf you accept our offer, your first day of employment will be June 20th, 2016. This letter
agreement constitutes the complete, final and exclusive embodiment of the entire agreement
between you and Tesla with respect to the terms and conditions of your employment, and it
supersedes any other agreements or promises made to you by anyone, whether oral or written.
This Agreement cannot be changed, amended, or modified except in a written agreement
signed by an officer of Tesla. This letter agreement shall be construed and interpreted in
accordance with the laws of the State of California.
As required by immigration law, this offer of employment is conditioned upon satisfactory proof
of your right to work in the United States.
This offer of employment is contingent upon the successful completion of your reference and
background checks.
If you choose to accept our offer under the terms described above, please indicate your
acceptance, by signing below and returning it to me prior to June 13th, 2016 after which date
this offer will expire.
We look forward to your favorable reply and to a productive and enjoyable work relationship.
Very truly yours,
Tesla Motors, Inc.
4
WL
Elon Musk
Chairman of the Board and CEO
Accepted by:
Start Date:
Mederos
Date:
June 20th, 2016
Page 4 of 6
PDF Page 25
NOTICE TO EMPLOYEE
Labor Code section 2810.5
EMPLOYEE
i
Employee Name: Eden Mederos
Start Date: June 20th, 2016
EMPLOYER
Legal Name
of Hiring Employer: Tesla Motors,
Inc.
Is hiring employer a staffing agency/business (e.g., Temporary Services Agency;
Employee
Leasing Company; or Professional Employer Organization [PEO])?
o Yes
x No
Physical Address of Hiring Employer’s Main Office:
3500 Deer Creek Rd. Palo Alto, CA 94304
Hiring Employer’s Telephone Number: 650-681-5100
WAGE INFORMATION
Rate(s) of Pay: $18.00
Overtime Rate(s) of Pay: 1.5x base pay rate or 2x
base pay rate — see OT policy for more information
Rate by (check box):
xHour
o Shift
aDay
oWeek
o Salary
oPiecerate
oo Commission
G Other (provide specifics):
Does a written agreement exist providing the rate(s) of pay?
(check box)
x Yes
4
No
If yes, are all rate(s) of pay and bases thereof contained in that written agreement?
Allowances,
xYes
if any, claimed as part of minimum wage (including meal or lodging allowances
):
(If the employee has signed the acknowledgment of receipt below, it does
not constitute a
“voluntary written agreement” as required under the law between the employer and
employee in
order to credit any meals or lodging against the minimum
agreement must be evidenced by a separate document.)
Regular Payday:
wage.
Any such voluntary written
Every other Friday
WORKERS’ COMPENSATION
‘Insurance Carrier’s Name: Zurich NA
Address: 1400 American Lane, Schaumburg, IL 60196
Telephone Number:
1.800.987.3373
Policy No.: MA: WC
0172150 00
Mederos
All Other States WC
Page 5 of 6
0172149
00
oa No
PDF Page 26
@
6
ACKNOWLEDGMENT OF RECEIPT
Tesla Motors, Inc.
(PRINT NAME of Employer)
(PRINT NAME of Employee)
Tesla Motors, Inc.
(SIGNATURE of Employee)
(SIGNATURE of Employee)
(Date)
(Date)
The employee’s signature on this notice merely constitutes acknowledgment of receipt.
Labor Code section 2810.5(b) requires that the employer notify you in writing of any changes to the
information set forth in this Notice within seven calendar days after the time of the changes, unless one of
the following applies: (a) All changes are reflected on a timely wage statement furnished in accordance
with Labor Code section 226; (b) Notice of all changes is provided in another writing required by law
within seven days of the changes.
Mederos
-
Page 6 of 6