Gallano

I. FACTUAL AND PROCEDURAL BACKGROUND

Gallano worked as a cashier and customer service representative for Burlington at its Daly City store. (Gallano I, supra.) One day in March 2014, she was told to go to a room at the back of the store where she was confronted by loss prevention personnel about mistakes she purportedly committed that resulted in business losses. She was allegedly coerced into signing a statement confessing to these mistakes, which included processing a return of perfume that resulted in a loss of $400 and ringing up items that had been mismarked by other employees with the wrong price tag. (Id.) Gallano contends she was not accused of changing prices on merchandise herself, profiting from her mistakes, or committing any acts of dishonesty. (Id.) Burlington characterized these mistakes as “fraudulent” returns and other acts of “shoplifting.” After Gallano signed the statement, she was directed to sign a promissory note establishing a personal debt of $880 for the losses her employer had allegedly sustained. Gallano was told that if she paid the amount owed on the promissory note and resigned, Burlington would not pursue criminal charges against her. (Gallano…