An anonymous ex-agent sued the agency, CEO Jim Gosnell and agents Paul Santana and Josh Humiston.
APA is asking an L.A. judge to move a sexual harassment complaint from an anonymous former agent into arbitration, and claims her lawsuit is merely an extortion attempt. , CEO Jim Gosnell and agents Paul Santana and Josh Humiston. She says APA is a "sexually abusive environment" and she was repeatedly harassed by the two agents, including receiving graphic text messages.
"In keeping with the strong public policy favoring arbitration, Plaintiff’s Mutual Agreement to Arbitrate all disputes arising out of her employment with APA should be enforced," writes attorney Adam Levin. "It is a valid and enforceable agreement, and it encompasses the claims and issues Plaintiff has raised against Defendants."
Doe's attorney Michael Popok says the motion isn't a "magic bullet" and he believes the language of the arbitration provision goes against public policy in California by shifting too much of the cost and burden onto the employee. He also intends to pursue defamation claims because of statements APA has made to the press about his client. "They want to attack her in the media, but they also want to scramble back behind the closed private door of arbitration," he says.
"This retired judge that they used to investigate did not have the benefit of having a forensic audit of all of their servers, all of their hard drives," says Popok. "We will. We’ve already given them a notice to preserve all this evidence. We’re going to find these documents. She did not create and conjure up text messages."
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