Droesch v. Wells Fargo. FLSA. Wells Fargo Files Motion for Summary Judgment to Attempt to End Case

Wells Fargo Files Motion for Summary Judgment to Attempt to End Case for Thousands of Employees Nationwide   

As you may be aware,  Denise Droesch and Shakara Thompson filed a lawsuit in the U.S. District Court for the Northern District of California, alleging that Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”) failed to pay them, and other employees who worked in call centers and handled inbound telephone calls from customers, overtime wages for work performed prior to and after the conclusion of their scheduled shift times (the “Lawsuit”). 

Rather than attempt to mediate or resolve the underlying common issues and practices condoned and supported by management, Wells Fargo has attempted to avoid liability by filing a Motion for Summary Judgment and/or Adjudication in the United States District Court.  

A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties' claims or defenses before trial. The Motion for Summary Judgment is governed by Federal Rule of Civil Procedure 56.  We are currently investigating other employees who may be impacted by this motion. 

If you worked for Wells Fargo Bank in a call center and handled inbound telephone calls from customers between January 1, 2018, to the present please read this blog. 

The purpose of this blog is to advise you that a lawsuit has been filed against Wells Fargo Bank, N.A. (“Wells Fargo”), and to inform you of your legal rights in connection with that litigation.  

What is this Lawsuit About?

As stated above, on September 28, 2020, Denise Droesch and Shakara Thompson filed the lawsuit.  Plaintiff Thompson also asserted claims as a collective action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), on behalf of herself and similarly situated employees who worked for Wells Fargo.  The Court conditionally certified the case on 

Wells Fargo has, at all times, disputed Ms. Droesch’s and Ms. Thompson’s claims and has consistently maintained that they and the individuals whom they seek to represent were paid appropriately. 

If you choose to be included in this class and collective action, you may be asked to provide documents, give sworn testimony in a deposition and/or in court, or other information regarding your employment at Wells Fargo. If there is a recovery, the Plaintiffs’ attorneys will be compensated for their fees and costs either by receiving a portion of the recovery or by a separate payment by Wells Fargo (or a combination of the two), in an amount approved or determined by the Court.  If there is no recovery, you will not be required to pay the Plaintiffs’ attorneys for any of their fees or costs.

No Retaliation

Whether you are a current or former employee of Wells Fargo, your decision to participate in the Lawsuit will in no way affect your employment, or prospects for future employment, with Wells Fargo.

Do I Need an Attorney?

If you do not opt out of the collective or Rule 23 class action you will be represented by Plaintiff’s Counsel listed below:

Richard E. Quintilone II Esq.
Jeffrey T. Green Esq
QUINTILONE & ASSOCIATES
22974 El Toro Road Suite 100
Lake Forest, CA 92630-4961
Telephone No. (949) 458-9675
Facsimile No. (949) 458-9679
req@quintlaw.com
jtg@quintlaw.com

Christina A. Humphrey Esq.
CHRISTINA HUMPHREY LAW, P.C.
236 West Portal Avenue, #185
San Francisco, CA 94127
Telephone: (805) 618-2924
christina@chumphreylaw.com

L. Michelle Gessner Esq. (Appearance Pro Hac Vice)
GESSNERLAW, PLLC
602 East Morehead Street
Charlotte, North Carolina 28202
Telephone: (844) 437-7637
michelle@mgessnerlaw.com

Where Can I Get More Information About the Lawsuit?

If you have any questions about this article or have issues with unpaid wages, commissions, company charges to your wages, business expenses, off-the-clock work, or any issues with your wages and/or other payments at your current or former employer, please feel free to contact:

Richard E. Quintilone II, Esq.
Kyle Gallego Esq. or Jeffrey T. Green, Esq. 
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest CA 92630
Phone 949.458.9675
Fax 949.458.9679
Location: Lake Forest, CA, USA