Former Employee Alleges Construction Company Violated Labor Laws

Superior Court of California - Santa Clara County
Superior Court of California - Santa Clara County
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A former employee has taken legal action against a California-based construction company, alleging numerous labor violations. On October 14, 2025, Jose Vasquez filed a complaint in the Superior Court of California, County of Santa Clara, against Earthtek Grading and Paving, Inc., along with individuals Victor Ramirez and Abram Zambrano. The lawsuit accuses the defendants of failing to pay overtime wages, wrongful termination, and other labor code violations.

The complaint outlines that Jose Vasquez began his employment with Earthtek Grading and Paving on June 14, 2023. During his tenure as a Labor Man responsible for various construction tasks, Vasquez claims he was not compensated for overtime work and was denied legally mandated meal and rest breaks. Despite raising these issues verbally and in writing to his supervisor Abram Zambrano and Victor Ramirez’s assistant in November 2024, Vasquez alleges that the situation worsened. He states that Zambrano retaliated by reducing his work hours and delaying his paychecks.

Vasquez contends that this hostile work environment led to his constructive discharge on January 13, 2025. He argues that the defendants’ actions were deliberate violations of the California Labor Code and Industrial Welfare Commission regulations. According to the complaint, from June 2023 to January 2025, Vasquez worked approximately ten hours of overtime each week without proper compensation. Furthermore, he claims he did not receive all due wages upon termination because of unpaid overtime.

In addition to seeking compensatory damages exceeding $35,000 for lost earnings and emotional distress caused by the alleged retaliation and wrongful termination, Vasquez demands punitive damages. He also requests civil penalties under various sections of the California Labor Code for unpaid wages and inaccurate wage statements. His legal team is pursuing restitution for unlawful business practices under California Business & Professions Code ยง17200.

Representing Jose Vasquez are attorneys W. Zev Abramson, Nissim Levin, and Baruch Krieman from Abramson Labor Group based in Burbank, California. The case is being reviewed by Judge J. Nguyen under Case No. 25CV477555.

Source: 25CV477555_Jose_Vasquez_v_Earthtek_Grading_Complaint_County_of_Santa_Clara_California..pdf



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