Kim

Kim v. Konad USA Distribution, Inc.

Good Law
172 Cal. Rptr. 3d 686·2014 Cal. App. LEXIS 513·226 Cal. App. 4th 1336·2014 WL 2612087·123 Fair Empl. Prac. Cas. (BNA) 716
Court of Appeal of CaliforniaJune 12, 2014G048443California5,928 words

Opinion

Opinion

Ikola, J.

Following a bench trial, the court awarded plaintiff Esther Kim $60,000 against her former employer, defendant Konad USA Distribution, Inc. (Konad), and her former boss, defendant Dong Whang. Defendants appeal, citing the alleged failure of plaintiff to meet certain “jurisdictional” prerequisites (e.g., exhaustion of administrative remedies, proving Konad had five employees) in her sexual harassment and wrongful termination claims. We affirm the judgment.

FACTS

Factual Background

Plaintiff “started working for Konad in 2006 as an account manager. Her main duties were to process orders by phone and emails. Konad’s business involved the distribution and sales of nail art kits. . . . Mr. and Mrs. Whang were actively involved in the operation of the business. Dong Whang was the CEO and sole shareholder. . . . [T]he business grossed about two million dollars in 2012.”

“In 2007 Plaintiff moved to La Habra to be closer to her job. . . . [I]t was about this time that Dong Whang commenced a pattern of sexually harassing Plaintiff.. . . [Ojver the next several years, Defendant Whang would regularly make comments to Plaintiff concerning sexual matters. He questioned Plaintiff…

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