Joseph & Norinsberg Files Wrongful Termination Lawsuit Against Woody Allen and Soon-Yi Previn for Firing Their Personal Chef and United States Army Reservist
11 December 2024 - 5:18PM
Business Wire
The lawsuit alleges that Allen and Previn
violated the Uniformed Services Employment and Reemployment Act,
Internal Revenue Service tax codes, and New York tax codes and
labor laws
Joseph & Norinsberg LLC has filed a wrongful termination
lawsuit against actor and director Woody Allen, his wife Soon-Yi
Previn, and their private home manager Pamela Steigmeyer for
violating the Uniformed Services Employment and Reemployment Act,
Internal Revenue Service tax codes, and New York tax codes and
labor laws when they fired their personal chef Hermie Fajardo, an
active-duty United States Army Reservist, earlier this year.
According to the lawsuit, which was filed in the United States
District Court for the Southern District of New York, Allen,
Previn, and Steigmeyer, terminated Fajardo’s employment in
retaliation for taking an additional unplanned day to complete his
mandatory reservist training; and his requests that they correct
multiple payroll issues including failing to withhold federal and
state employment taxes, repay underpaid wages and provide a pay
stub.
“From the moment that Mr. Fajardo was hired by Mr. Allen and
Soon-Yi Previn to serve as their personal chef they purposefully
sought to circumvent federal and state tax codes and labor laws by
failing to withhold income taxes or provide him with a paystub,”
said Jon Norinsberg, partner at Joseph & Norinsberg LLC who is
representing Fajardo in the lawsuit. “It is more than a coincidence
that Mr. Allen and Soon-Yi Previn would wrongfully terminate Mr.
Fajardo’s employment on the day he returned from mandatory training
in the US Army Reserves and underpay during the time he served.
“They need to be held accountable in a court of law as an
example to others who would seek to take advantage of their
employees, especially those who serve in our armed forces.”
Fajardo, an experienced culinary chef with nearly 10 years of
professional experience preparing and cooking luxury meals, worked
part time on three different occasions as Allen and Previn’s
personal chef before being hired fulltime at an annual salary of
$85,000.00.
At the time of his hiring, Fajardo informed Steigmeyer that he
was a United States Army Reservist and would require time off from
work to complete his mandatory training throughout the year. He
provided Steigmeyer with a copy of his annual service schedule
which outlined the remaining days in 2024 he would need time off to
serve.
According to the complaint, Steigmeyer assured Fajardo that he
would be paid his full salary while he was fulfilling his military
service commitment and that the time off would not be an issue.
Upon completion of his first week of employment Fajardo received
$1,634.62 in gross pay. Since his employment information has not
been entered into their ADP’s payroll system, he was paid through a
bank-to-bank transfer, without any income taxes being withheld and
or being given a paystub.
Steigmeyer told Fajardo that the she would speak with Allen to
resolve the payroll issue before the next pay period, but she and
Allen’s staff accountant repeatedly rebuffed his efforts to correct
these issues, provide an explanation as to why this happened or
when there would be a resolution.
Two weeks later, Fajardo reported for his reservist training in
New Jersey between July 11-14. On July 13, while completing his
training, Fajardo’s sergeant notified him that his training would
be extended by one day to include July 15, the day he was supposed
to return to work.
As soon as his meeting was over, Fajardo notified Previn that
his service had been extended and he would be returning to work one
day later than planned. When he returned to work the next day, he
was met with resentment and hostility.
It seemed that that the direct deposit issue was finally
resolved in his third week of employment. While they correctly
withheld the employment taxes, they underpaid him $300 coinciding
with the pay period when he was completing his US Army Reserve
training.
Fajardo contacted Steigmeyer to ask why he had been underpaid
despite assurances that he would be paid in full while training
with his reserve unit. According to the complaint, Steigmeyer
responded abrasively to Fajardo’s request for clarification, and
rather than working to remedy the issue, she threatened his job and
said if you “keep[s] asking about this, I hope it will not affect
your job in the future.”
This was the first time Fajardo had contacted Steigmeyer about
why his most recent salary paycheck was hundreds of dollars less
than it should have been. Steigmeyer responded that “I can’t do
anything about that now. Let’s talk about it on Monday.”
On Monday afternoon, after he had prepared lunch for Allen and
Previn, Steigmeyer asked Fajardo if she could speak with him
privately and notified him that they were terminating his
employment, effective immediately.
About Joseph & Norinsberg LLC
Joseph & Norinsberg LLC is built on a core philosophy that
success comes only from meticulous preparation and hard work. We
are NYC employment attorneys that believe very strongly that cases
are not won by “showmanship” inside of court, but rather, by
relentless and time-consuming preparation outside of court. The
firm is committed to fighting passionately and aggressively for
each and every client who walks through our doors, no matter who
the client is or what the size of their case may be.
The firm readily accepts highly complex and challenging cases,
knowing full-well that such cases will require years of exhaustive
litigation before reaching a successful conclusion. Regardless of
how difficult a case may be, our New York City Employment Lawyers
will never, ever quit on a case or on a client. Rather, Joseph
& Norinsberg LLC will fight relentlessly on each and every
case, and we will do everything in our power to ensure that the
client achieves a just and fair result in Court.
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