DeclarationCal. Super. - 6th Dist.July 18, 2017 1 DECLARATION OF SHAILENDRA SINGH IN SUPPORT OF HIS OPPOSITION TO DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Larry W. Lee, Esq. SBN 228175 DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 Attorneys for Plaintiff (Additional counsel on following page) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA SHAILENDRA SINGH, as an individual and on behalf of all others similarly situated, Plaintiffs, vs. INTER-CON SECURITY SYSTEMS, INC., a Corporation, and DOES 1 through 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 17CV313202 Assigned for All Purposes to Honorable Brian C. Walsh in Department 1 DECLARATION OF SHAILENDRA SINGH IN SUPPORT OF HIS OPPOSITION TO DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Date: June 2 , 2019 Time: 9:00 a.m. Dept: 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/14/2019 2:55 PM Reviewed By: R. Walker Case #17CV313202 Envelope: 3011544 17CV313202 Santa Clara - Civil 2 DECLARATION OF SHAILENDRA SINGH IN SUPPORT OF HIS OPPOSITION TO DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 (213) 488-6555 (213) 488-6554 facsimile Edward W. Choi, State Bar No. 211334 Paul M. Yi, Esq. SBN 207867 LAW OFFICES OF CHOI & ASSOCIATES, APLC 515 S. Figueroa St. Suite 1250 Los Angeles, CA 90010 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 William L. Marder, Esq. (SSN 170131) POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 Attorneys for Plaintiff 3 DECLARATION OF SHAILENDRA SINGH IN SUPPORT OF HIS OPPOSITION TO DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, SHAILENDRA SINGH, declare under penalty of perjury as follows: DECLARATION OF SHAILENDRA SINGH 1. I am an individual over the age of 18. I am the named Plaintiff in the above- referenced action. I have personal knowledge of the facts set forth below and if called to testify I could and would do so competently. 2. I was formerly employed by Defendant INTER-CON SECURITY SYSTEMS, INC., (“Inter-Con”) from March 3, 2015 to May 19, 2017 as a security guard. 3. During my employment with Inter-Con I was assigned to work at the Department of Motor Vehicles (“DMV”) located in San Jose, California. My assignment was based on the California Highway Patrol (“CHP”) contract. Due to an unsubstantiated complaint by a DMV customer, I was suspended by Inter-Con and taken off of the CHP assignment. 4. None of the documents, including my application or my offer letter shows that I would be assigned to the CHP for 90 consecutive days. 5. Attached hereto as Exhibit A is a true and correct copy of my application. 6. Attached hereto as Exhibit B is a true and correct copy of my offer letter. 7. I was unilaterally removed by Intercon from my CHP assignment. 8. After I was removed from the CHP assignment, Inter-Con reassigned me to work for a different client, Southern California Edison, in Visalia. However, I could not work at that location because it was 204 miles from my house. As such, my employment was terminated. 9. Thereafter, I filed an unemployment insurance claim. 10. Inter-Con contested my unemployment insurance claim on the basis that I refused to accept the reassignment in Visalia, California. 11. I ultimately prevailed in my unemployment insurance claim. /// /// /// 4 DECLARATION OF SHAILENDRA SINGH IN SUPPORT OF HIS OPPOSITION TO DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury and the laws of the State of California that the foregoing is true and correct and that this declaration was executed on this 13th day of June 2019 at Hayward, California. SHAILENDRA SINGH DocuSign Envelope ID: CF76970D-9676-48F7-8542-9E3ADBB8CB03 EXHIBIT A ICS000060 Taleo Business Edition ~ Prenf' n , Page 1 of 8 NTER-CON E C U R | T Y Candidate: Shailendra Singh Main Status Details: Main status: Talent Pool Requisition Summary No requisitions have been assigned for this candidate Candidate Information: First name: Shaiiendra Street address: Last name: Singh City: Middle: State/Territory: Phone #z ZlP/Postal code: Mobile #: Country: United States Email: Other Names Used: None Previous Address (if less than seven years): Previous StreetAddress: Previous Zip Code: Previous City: From: Previous State: To: No contacts logged Resume and Cover Letter: Attach resume: Cover Letter: Additional Candidate Information: Desired Employment Type: Full Time Are you willing to work in another physical location? Change in location: If so, please state where you are wiliing to work. httpszllchj .tbe.ta1eo.net/cth3/ats/candidates/Ca11didateView.j sp?id=43996&act=window 3/3 /20 1 5 ICS000061 Taleo Business Edition ~ Pren" “n i Page 2 of 8 Locations Willing to Work: Will you need interviewing or testing accommodation for a mental or physical disability as defined in the Rehabilitation Act of1973 and The Americans with Disabilities Act of 1990? Require Accommodation: No Are you at least eighteen years of age? 21 +: Yes Are you legally eligible for employment in the United States? (Proof of citizenship or immigration status will be required upon employment.) Work Authorization: l am authorized to work in this country for any employer For international positions only, are you a United States citizen? U.S. Citizen?: f not, please indicate your citizenship. Non-US. Citizenship: Do you speak, read andlor write in more than one language thus enabling you to communicate with others who speak other languages? If so, please list the languages you speak, read andlor write fluently‘ Other Languages: Other Languages Details: Have you every pleaded guilty, no contest to or been convicted of a felony? If yes, please provide the nature of the offense, date, location and disposition. A conviction record will not necessarily bar you from employment. This information will only be used for job-related purposes and only to the extent permitted by applicable law. Conviction Disclosure: No Conviction Details: Requisition Details: Professional References: List professional references (i.e., managers, colleagues, subordinates). Please do not list relatives and personal friends. Name: Title: Phone: Years Known: Name; Title; Phone: Years Known; https://chj .tbe.taleo.net/chjO3/ats/candidates/CandidateView.j sp?id=43996&act=window 3/3/20 1 5 ICS000062 Taleo Business Edition ~ Prem' “1 Page 3 0f 8 Name..: Title..: Phone..: Years Known..: Military and Security Experience: Veteran of U.S. Armed Forces: No Branch of Service: Primary Military Occupational Specialty: Primary Military: Secondary Military Occupational Specialty: Secondary Military: Date Entered: Type of Discharge: Security Experience?: Yes Please indicate the type of security experience you have. (For example. Military Police, Security Policy, OSI, CID) Security Experience Type: Security No. of Years of Experience: 8 Investigative Experience?: No Please indicate the type of investigative experience you have. Investigative Experience: No. of Years of Experience; Have you ever worked for Inter-Con Security Systems, Inc. or a division of lnter-Con? Previous Employee: No Dates of Employment: For security positions only, please indicate the dates of your last physical and training: Last Physical: 2010 Last Training: 2010 Security Clearence: Do you have a security clearance? Security Clearance7: Type of Clearance: Date Received: Please Specify "Other": Reason/Contract: Still Active?: Education: https://chj .tbe.taleo.net/chj03lats/candidates/CandidateView.j sp?id=43996&act=window 3/3/20 1 5 ICS000063 Taleo Business Edition ~ Prem’ 1 Page 4 of 8 Did you graduate from high school? Graduate High School?: If not, do you have a GED? GED: If you did not graduate from high school, indicate the highest grade you completed. Highest Grade Completed: Please list all schools attended starting with High School. Under “Type" please indicate Diploma, Degree, License or Certification. School Name & Location: Type: Did you graduate’2: Course of Study: School Name & Location; Type.: Did you graduate?.: Course of Study; School Name & Location; Type..: Did you graduate?..: Course of Study..: Professional Employment History: Provide your employment history for the previous five employers or last ten years, whichever is applicable. Begin with your most recent employer. 1. Current/Most Recent: Company Name & Address: HSS Employment Dates: January 2010 Security Eden Medical Center Castro Valley Ca Supervisor Name/Title: S. Chad Last Annual Base Salary: 14.67 2089 environ ment for service‘Checking employees and patients and visitots. Position Held: Security ReasonforLeaving: RealEstate Officer Company Name & Address: Employment Dates: httpszllchj .tbe.taleo .net/chj 03/ats/candidates/C andidateView.j sp?id=43996&act=window Telephone: 510 860 Description of Duties: Provide a safe ,secure and comfonable doctors,nurses,staff.employeespatients and visitors through exceilent customer physicians for [.D badges, registering 3/3/2015 ICS000064 Taleo Business Edition ~ Prem: Supervisor Name/Title: Telephone: Position Held: Company Name & Address: Supervisor Name/Title: Telephone: Position Held: Company Name & Address: Supervisor NamelTitle: Telephone: Position Held: Company Name & Address: Supervisor NamelTitle: Telephone: Position Held: '1 LastAnnual Base Salary: Description of Duties: Reason for Leaving: Emplomen! Dates: LastAnnuaI Base Salary: Description of Duties: Reason for Leaving: Employment Dates: LastAnnual Base Salary: Description of Duties: Reason for Leaving: Employment Dates: Last Annual Base Salary: Description of Duties: Reason for Leaving: Page 5 0f8 List special skills that may qualify you as being able to perform job-related functions for the position. If applicable, please indicate computer software proficiency and typing proficiency. Special Skills/Qualification: List honors, publications and/or memberships in professional, trade, business or civic associations related to your professional/occupational field. (Exclude references that would reveal gender, race, religion, national origin, age, disability or any other protected status.) HonorslPublications. Applicant Certification: l certify that the information l have provided on this application and on any attached resume is true, complete, and correct to the best of my knowledge. if my statements are found to be untrue, incomplete, or othemise not in good faith, I understand that consideration for employment may be denied, or if hired, my employment may be terminated. Initials: ss l understand that employment is contingent upon satisfactory completion of pre-employment screening, which may include health examination(s), background check(s), and other requirements. I hereby authorize employers, schools, and persons named as references to provide information that may be required to arrive at an employment decision. l release lntehCon and the parties providing the https://chj .tbe.taleo.net/chj 03 /ats/candidates/C andidateView.j sp ?id=43 996&act=wind0w 3/3/201 5 ICS000065 Taleo Business Edition ~ Prem“ 1 g Page 6 of 8 information from any and all liability for any damage resulting from the release of such information. Initials: ss l understand and agree that this application for employment does not obligate Inter-Con Security Systems, inc. to employ me and if hired, l will be free to resign at any time. I understand that lnter-Con Security Systems, Inc. may terminate my employment and compensation at any time, with or without cause, and with or without prior notice. Moreover, l understand the at-will nature of my employment relationship with lnter-Con Security Systems, Inc. can only be altered by a written agreement signed by an lnter-Con Security Systems, Inc. official and me, which clearly and expressly specifies the intent to do so. I understand and agree this application shall constitute a final and fully binding integrated agreement with respect to the at-will nature of my employment relationship and that there are no oral or collateral agreements regarding this issue. lnitials..: ss Electronic Signature: Shailendra Singh Date: 3/2/15 Release of Information Acknowledgment: Release of Information to Employer and Clients I understand that in connection with the application process, lnter-Con Security Systems may request information from my past employers, education institutions, personal references, and any public or private agencies that have issued me either a professional or vocational certification or license. I also understand that such investigation may include a review of my criminal records. l have provided complete and truthful information to lnter-Con Security Systems regarding all sources of information about my past employment, education, licenser, certification, criminal conviction record, previous degree of security clearance, as well as any other information requested in the employment application, and have been fully informed that any misrepresentations or material omissions concerning such information will be grounds for denying my application, withdrawing any offer of employment or immediate discharge. In order to assist Inter-Con Security Systems in obtaining documents and information to confirm my background, if necessary, l hereby consent to the release of information more specifically described below. Disclosure: Under the applicable provisions of the federal Fair Credit Reporting Act (FCRA) and the Driver Privacy Protection Act (DPPA), notice is hereby given that a consumer report may be requested. The report may include the foilowing types of information, educational accomplishments, employment history, worker’s compensation claims, criminal records and civil records. In addition, an investigative consumer report may be requested. Such report contains information regarding character, general reputation, personal characteristics, or mode of living, which is obtained from personal interviews with neighbors, friends and associates. These reports wiil be used for employment purposes only. REQUEST, AUTHORIZATION AND CONSENT TO RELEASE OF EMPLOYMENT INFORMATION | request, authorize and consent to the release of information to lnter-Con Security Systems regarding my previous employment and authorize all past employers or agents that they may designate, to respond to verbal or written inquiries from Inter-Con Security Systems regarding my employment record, including, but not limited to, positions held, dates of employment, last pay rate, work performance. disciplinary records, reliability, and any incidents of dishonesty, insubordination, violence, andlor unsafe, harmful or threatening behavior, including information based upon materials in my personnel files. REQUEST, AUTHORIZATION AND CONSENT TO RELEASE OF PERSONAL REFERENCE iNFORMATION l specifically request, authorize and consent to lnter-Con Security Systems verbal or written inquiries addressed to my personal references about the information contained in my application, as well as my reliability, honesty and potential tendency, if any, to engage in any form of violence or other harmful, https ://chj .tbe.taleo .net/chj 03/ats/candidates/CandidateView.j sp?id=43 996&act=wind0w 3/3/20 1 5 ICS000066 Taleo Business Edition ~ Pren" “n I Page 7 0f 8 unsafe or threatening behavior. REQUEST, AUTHORIZATION AND CONSENT TO RELEASE OF LICENSING OR CERTlFlCATION INFORMATION I request, authorize and consent to the release of information from any public agency or private entity concerning any professional, vocational, or driving license or certification that I have held in the past or currently hold, including, but not limited to, information concerning whether such license or certification is in good standing and any disciplinary or other proceedings concerning such license or certification. REQUEST, AUITHORIZATION AND CONSENT TO INVESTIGATION OF CRIMINAL RECORDS I request, authorize and consent to lnter-Con Security Systems thorough investigation of whether l have a record of criminal convictions, and if so, the nature of such criminal convictions and all surrounding circumstances available through lawful means. Inter-Con Security Systems has advised me that its criminal background check wiil focus on convictions and that a criminal record will not necessarily disqualify me from employment. Acknowledgement of Civil Code 1786.50: lam fully aware that under Civil Code 1786.50 that the employer requesting a background check is required to provide me with a copy of the report within 7 days of our initial meeting. | agree to return to the employer’s place of application and physically obtain a copy of my background check and sign an acknowledgment thatl have done so. Failure to do so may impede my ability to be considered for employment. I agree the employer has notified me that it intends to comply with Civil Code 1786.50 in this way. RELEASE OF CLAIMS [further hereby release and hold harmless Inter-Con Security Systems, it’s officers, employees and agents, and any other person, or public or private entity, inquiring about investigating, furnishing, communicating, reviewing or evaluating information or documents pursuant to the Request Authorization. Consent and Release, or making any written or verbal communications for such purposes, from any and all claims arising from such activities including but not limited to, any claims whatsoever for defamation, violation of California Labor Code section 1050, (governing unsolicited or false references) fraud, misrepresentation, intentional or negiigent interference with prospective business relations or contact, breach of contract (including any settlement agreement), negligent or intentional infliction of emotional distress, employment discrimination, violation of public policy, and any other potential claims, demands, damages, liabilities andlor actions of any kind whatsoever, whether known or unknown to me presently, that! may have now or in the.future. [voluntarily grant this reiease for purposes of supporting my application for employment and based upon my desire to encourage Inter- Con Security Systems consideration of my application. l have carefully read this request, Authorization. Consent and Release and have voluntarin agreed to its terms to assist Inter-Con Security Systems in the evaluation of my qualifications for employment and in meeting the business necessity of hiring honest, trustworthy, reliable and non-violent employees who do not pose a risk of serious harm in the workplace. l additionally agree to fully cooperate with lnter-Con Security Systems in permitting the release of the above information and reports. I additionally understand that all information and documents generated, received or maintained by Infer~Con Security Systems during, or as a result of its investigation, will be maintained as confidential information and that lnter-Con Security Systems will not release such information or documents to me. l am furnishing my social security number, voluntarily with the understanding that such is not required by federal statute or regulation, in order to facilitate the location of records that may be reviewed in connection with my employment application. Electronic Signature; Shaiiendra Singh Date: 3/2/15 Web Links Google Search: http2/Iwww‘googIe.com/search?q=shailendra+Singh Linkedin Search: httpszllwww.Iinkedin.com/search?search=&fname=Shailendra&lname=$ingh httpszllchj .tbe.taleo.net/chj03/ats/candidates/CandidateView.j sp?id=43996&act=window 3/3/201 5 ICS000067 Taleo Business EditiOn ~ Prem' ‘1 Page 8 0f 8 Source: Source: craigslistorg Other (Specify Source): Referred 8y: Trac king: Added to system: 3/2/15 1:09 PM Hired date: Last updated: 3/2/15 1:09 PM Start date: ID: 43996 httpsz/lchj.tbe.taleo.net/chj03/ats/candidates/CandidateViewj sp?id=43996&act=window Copyright @12002-2015 Tateo Corporation All rights x’esetved. Privacy (Sammy E Terms of Use 3/3/2015 EXHIBIT B ICS000017 IC 2W15 -' Re: Offer of Employment with lnter-Con Security Systems, Inc. \ x Dear V1 m Vm Inter-Con Security Systems, Inc. (”Inter-Con”) is pleased to invite you to join its experienced team of security professionals. As a premier U.S. Security Company providing a full range of physical security services to Government, commercial, and Fortune 100 customers on four continents, Inter-Con relies on individuals like you to continue providing the highest quaEity services to its clients. Inter-Con is pleased to make you an offer of employmen to become a part of the Inter-Con team as a Security Officer on a Part time basis effective 4 . This offer is contingent upon successful clearance of your background check and drug screen results. Should you accept this offer of employment you will be eiigible to receive the following: Pay: 11.19 per hour to be paid every other Friday. To accept this offer of employment please sign and date this letter where indicated below and return to me. We at Inter-Con hope that you will accept this offer of employment and look forward to you joining the Inter-Con Security Team. Inter-Con Security Systems, Inc.mflap Richam Accept Offer of Employment By Signing and datin_ this letter, l, SLc") 5X4 g ' ,accept this offer ofemployment of Security Offic on a Part Tim- basis. Date? ”lg "- l SfSignature: Decline Offer of Employment By signing and dating this letter, |, .decline this offer of employment of Security Officer on a Part Time basis Signature: Date: PROOF OF SERVICE PROOF OF SERVICE I am employed in the County of Los Angeles; I am over the age of 18 years and not a party to the within action; my business address is 515 S. Figueroa St., Suite 1250, Los Angeles, California 90071. On June 14, 2019, I served the foregoing document(s) described as: DECLARATION OF SHAILENDRA SINGH IN SUPPORT OF HIS OPPOSITION TO DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES, on the interested parties in this action by placing a true copy thereof, in a sealed envelope(s) addressed as follows: Spencer C. Skeen Marlene M. Moffitt Tim L. Johnson OGLETREE DEAKINS NASH SMOAK & STEWART 4370 La Jolla Village Drive, Suite 990 San Diego, CA 92122 Larry W. Lee Nick Rosenthal DIVERSITY LAW GROUP, P.C. 515 South Figueroa Street, Suite 1250 Los Angeles, California 90071 Dennis S. Hyun HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 William L. Marder, Esq. POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 ____ BY MAIL __ As follows: I am “readily familiar” with the practice of Choi & Associates, Attorneys at Law for collection and processing of correspondence for mailing with the United States Postal Service and that correspondence placed in the outgoing mail tray in my office for collection would be deposited in the United States Mail that same day in the ordinary course of business. ____ BY PERSONAL SERVICE I caused such envelope to be delivered by hand to the offices of the addressee. __X__ BY ELECTRONIC SERVICE I caused such document to be uploaded to Odyssey to be served on the offices of the addressees. ___x___ (State) I declare under penalty of perjury that the foregoing is true and correct. ______ (Federal) I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on June 14, 2019, at Los Angeles, California. ______________________________ Cina Kim Electronically filed by Superior Court of CA, County of Santa Clara, on 6/14/2019 2:55 PM Reviewed By:R. Walker Case #17CV313202 Env #3011544