May 7, 2025 | San Jose – MedLegalNews.com – The California Labor Commissioner Office (LCO) has recovered $40,460 in penalties from a San Jose care facility operator after a decade-long employee was unlawfully fired for reporting unsafe working conditions and labor violations.
Reporting Violations Led to Retaliation
Jessica Delgado, a longtime employee at a mental health care facility operated by Ali Baba Corp. (doing business as Riviera Living), noticed a significant decline in workplace conditions following a leadership change. Bathrooms went uncleaned, the kitchen became infested with roaches, and safety concerns affecting residents were ignored.
Delgado raised these concerns with management by email but received no response. When she indicated her intent to report the conditions to the Labor Commissioner’s Office, her employer responded by suspending and then terminating her—accusing her of threatening the company.
Swift Action Brings Accountability
Delgado filed a formal retaliation complaint with the LCO, also reporting violations of required meal breaks. The LCO investigated and issued citations in November 2024, ordering Ali Baba Corp. and its owner to pay $40,000 in penalties for the unlawful suspension and termination.
Because the employer failed to appeal within the required timeframe, the citations became final judgments. The LCO then issued bank levies and successfully recovered $40,460, which included interest. The full amount was paid to Delgado.
Labor Commissioner Applauds Worker’s Courage
California Labor Commissioner Lilia García-Brower praised Delgado’s quick and principled action:
“This case progressed swiftly because Ms. Delgado knew her rights, took prompt action and courageously spoke out against unlawful working conditions. Retaliation is a serious violation of the law, and we remain firmly committed to holding employers accountable.”
Delgado shared:
“I spoke up because I believed residents deserved better and workers deserved to be treated fairly. This outcome shows that standing up for what’s right matters and that workers have protections under the law.”
About Workplace Retaliation in California
California law strictly prohibits retaliation or discrimination against workers who exercise their labor rights. Retaliation can include:
- Termination or suspension
- Reduction in hours or pay
- Transfers or demotions
- Disciplinary threats or unfair immigration-related practices
The LCO enforces over 45 labor laws, including the Equal Pay Act, and investigates retaliation complaints statewide.
About Workplace Retaliation
The Labor Commissioner’s Office enforces more than 45 labor laws that specifically prohibit discrimination and retaliation, including Equal Pay Act violations. The Labor Commissioner’s Office investigates workplace retaliation complaints, including instances of termination, suspension, transfer or demotion, reduction in pay or hours, disciplinary actions or threats, or unfair immigration-related practices.
Need Help or Want to Report a Violation?
Workers can speak with a bilingual representative at 833-579-0927, Monday through Friday, 9:00 a.m. to 7:00 p.m., or file a confidential complaint with a local Cal/OSHA district office.
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