Ms. Luu was officially terminated on May 27 after receiving a separation agreement that she was given 21 days to review.
Here are five things to know:
1. The lawsuit alleges violations under the Fair Employment and Housing Act, including harassment, retaliation, failure to prevent discrimination, intentional infliction of emotional distress, negligence and wrongful termination.
2. Ms. Luu claims she faced retaliation after questioning company policies, requesting an investigation into workplace issues and being accused of harassment herself
3. San Jose Gastroenterology issued a general denial of all claims, according to court documents, asserting that Ms. Luu did not suffer damages and that her employment was terminated for legitimate business reasons. According to court documents, the group presented multiple defenses, including failure to state a claim, at-will employment status, statute of limitations, equitable defenses, and lack of evidence of harassment or discrimination.
4. Ms. Luu alleges that the company did not conduct a proper investigation into her grievance while promptly addressing complaints made against her, leading to a biased outcome, according to the lawsuit. She claims the company subjected her to punitive conditions, including limiting her workplace interactions, placing her on remote work and eventually terminating her without due process.
5. SJGI argues that all employment decisions were based on legitimate business judgments and compliance with anti-harassment policies, and that the plaintiff did not engage in protected activity
“Ms. Yuu was one of the founding members of SJGI along with her sister, the former office manager of the group, and her esteemed brother-in-law, Dr. Trunh,” Ms. Yuu’s attorneys said in a statement shared with Becker’s. “She worked for the group for more than 24 years in billing. Yet, she was terminated by several doctors in the group over unfounded allegations by a co-worker. SJGI failed to conduct any investigations and only after terminating Ms. Yuu did they claim to outsource the billing. Then they promptly promoted the employee who had made allegations against Ms. Yu.”
Becker’s has reached out to San Jose Gastroenterology and will update this story if more information becomes available.
