Care Facility Worker Wins $40K in Retaliation Penalties After Reporting Safety and Labor Violations

A care facility worker in San Jose, California, has received more than $40,000 in retaliation penalties after being fired for reporting unsafe working conditions and missed meal breaks. Jessica Delgado, who had nearly ten years of experience at the mental health care facility operated by Ali Baba Corp. (doing business as Riviera Living), raised concerns about deteriorating sanitation, pest infestations, and resident safety after a change in management. When internal complaints went unanswered, Delgado informed her employer of her plan to report the violations to the California Labor Commissioner’s Office (LCO), prompting her suspension and eventual termination.

The LCO investigated and found that Delgado’s termination was unlawful, issuing citations totaling $40,000 for retaliation and labor violations. Because the employer failed to appeal within the required time, the citations became final court judgments. The agency then used bank levies to recover the full judgment amount with interest, totaling $40,460, which was paid directly to Delgado.

Labor Commissioner Lilia García-Brower emphasized the importance of workers knowing their rights and the state’s commitment to holding employers accountable. Delgado’s case is a clear example of how California labor laws protect employees from retaliation when they speak up about unsafe or unlawful workplace practices.

The LCO continues to enforce over 45 labor laws and offers support for workers facing retaliation, including termination, demotion, or disciplinary action. Its outreach programs aim to inform both workers and employers about legal obligations and enforcement mechanisms.