Former Cunning Dental employees were sexually harassed, then fired, lawsuit claims

October 28, 2019

Two former employees of Cunning Dental Management, LLC (“Cunning Dental”) are claiming they were sexually harassed and then fired by Cunning Dental after complaining about the alleged harassment. Crystal Montoya, a former Administrative Assistant, and Pearl Trejo, a former Call Center Supervisor, have now filed suit against the dental practice. In their complaint filed on October 28, 2019 in San Bernardino Superior Court, Montoya and Trejo, claim that Montoya’s supervisor, Genaro Guerra, engaged in a pattern of unwanted sexual harassment against the two women.

In the lawsuit, Montoya states Guerra came up behind her, gave her unwanted massages, grabbed from behind by the waist, and whistled sexually at her. Trejo states Guerra similarly massaged her without her consent. After Cunning Dental promoted Guerra, Montoya and Trejo allege, Guerra became “increasingly handsy,” for example, at holiday parties, where Guerra “humped [Montoya] from behind in a sexual manner while reaching around [Montoya] to put his hand on her breast” without her permission, and in the presence of Trejo’s and Montoya’s husbands.

Montoya and Trejo further allege that, when they made complaints Guerra’s harassment, Cunning Dental’s human resources representatives assured them their jobs were safe. Within weeks, however, the lawsuit claims that Cunning Dental fired Trejo, and then Montoya. Guerra was present at both employees’ termination meetings.

This occurred, the case alleges, after Montoya worked for Cunning Dental for seven years, and Trejo for four years. Montoya and Trejo were exemplary employees who received multiple raises and promotions from the company. Montoya also claims she worked roughly 80 hours per week, and Trejo 50 to 60 per week, for Cunning Dental; and both claim the company did not pay all of their wages, including overtime.

Montoya and Trejo are represented by attorney Kyle Todd, of Kyle Todd, P.C., as well as Shelby Miner of Miner Legal PC. Requests for comment can be directed to attorney Todd, at (323) 208-9171.