The Crusader Newspaper Group

Law firm’s attempt to stop Tik-Tok post about working conditions leads to sweeping changes and $175,000 payment

A legal assistant and paralegal who worked at one of the largest immigration law firms in the United States secured a $175,000 settlement and the satisfaction of seeing unfair policies rescinded at their prior job. Alexandra Lozano Immigration Law PLLC (“Lozano”) terminated two employees and had the law firm’s outside legal counsel send a “Cease and Desist” letter that accused them of threatening to disclose information about the law firm’s working conditions on Tik Tok.

One of the lawyers for the employees, David Fish of Chicago/Naperville-based firm Fish Potter Bolaños, P.C., stated:  “Although the National Labor Relations Act was passed in 1935 before social media existed, it now applies to give workers the right to speak on virtual platforms like Tik Tok.  We are grateful that our amazing clients have been fully vindicated.”

The legal assistant and paralegal fought back.  They filed a complaint with the National Labor Relations Board (NLRB) that alleged their terminations, and Lozano’s policies were unlawful.  Under the June 2023 Settlement, Lozano must pay the two former employees $175,000 and make sweeping changes, including that it will:

 

  • Tell its employees they are free to post about working conditions on all social media, including Tik Tok.
  • Withdraw the “Cease and Desist letter” that the law firm’s legal counsel had sent to these former employees;
  • Remove security cameras and recording devices that monitored employees; and
  • Tell employees they are no longer bound to several provisions in the law firm’s employment contract, including its non-solicitation, non-disclosure, non-disparagement obligations, and “zero gossip policy”.

The two former employees have also filed a putative class action lawsuit that challenges, among other things, the law firm’s use of non-compete agreements.  Sanchez et al v. Alexandra Lozano Immigration Law PLLC, 2023cv01028 (N.D. Ill)

One of the lawyers for the employees, David Fish of Fish Potter Bolaños, P.C., stated:  “Although the National Labor Relations Act was passed in 1935 before social media existed, it now applies to give workers the right to speak on virtual platforms like Tik Tok.  We are grateful that our amazing clients have been fully vindicated.”

Alexandra Lozano Immigration Law PLLC is one of the largest immigration law firms in the United States and is headquartered in the state of Washington.  It employs over 500 employees worldwide, including more than 300 in the United States.  It has offices in the following metropolitan areas:  Seattle, Los Angeles, Chicago, San Antonio, Texas, and others outside of the United States, including Buenos Aires, and a large office in Colombia.  It was recently ranked #247 on the Inc. 5000 list of some of the fastest-growing companies.

Copies of the Settlement Agreement, Cease and Desist Letters, and other case documents are available at:  www.fishlawfirm.com

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