Jason Sudeikis and Olivia Wilde's Ex-Nanny Appeals Wrongful Termination Dismissal, Fights for Jury Trial
Sudeikis and Wilde's nanny is reviving the lawsuit.
Jason Sudeikis and Olivia Wilde's ex-nanny is fighting back after a judge ordered her lawsuit against the former couple into arbitration, with her attorney telling RadarOnline.com the Hollywood pair are trying to "silence" her.
Ericka Genaro filed an appeal obtained by RadarOnline.com, making it clear that she wants her case heard by a jury and not handled behind closed doors.
Sudeikis and Wilde hired her in 2018.
As this outlet reported, Sudeikis and Wilde's former nanny of their children sued the pair, claiming she was the emotional crutch for the family when the stars' relationship was crumbling. She said her anxiety and workload increased.
Genaro claimed the job became "debilitating," so her doctor advised her to take a 3-day break. She claimed Sudeikis wasn't happy and "fired her on the spot."
In August, Sudeikis and Wilde scored a victory when Judge Maureen Duffy-Lewis sided with them, moving the case into arbitration.
Genaro's legal team said they were determined to fight back — and on Tuesday, they did by filing an appeal.
She claimed to be the family's emotional crutch during their split.
“We respectfully disagree with the judge’s decision to move this case into private arbitration, and are seeking all avenues to have the ruling reversed and allow us to try this case before a jury of their peers. We believe the judge did not apply the actual facts presented to applicable law which should have led to a finding that the agreement was unenforceable," Gernaro's attorney Ron Zambrano, a partner and Employment Litigation Chair at West Coast Employment Lawyers, told RadarOnline.com on Wednesday.
He said the evidence "is insurmountable to support our claims, including text messages and testimony that she was driven to quit, then was summarily fired anyway."
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"Ms. Wilde and Mr. Sudeikis merely want this case moved into arbitration to silence Ms. Genaro," Zambrano claimed. He also urged the court not to cave into the A-listers' demands.
"We believe they should not be given special treatment merely because they are celebrities and should have to face their accuser in court," he concluded.
Genaro accused Sudeikis and Wilde of discrimination, retaliation, and failure to accommodate and engage in the interactive process. However, the film stars' lawyer said the nanny signed an agreement stating that all employment disputes be resolved in binding arbitration.
While Genaro admitted to signing the agreement, she claimed in her sworn declaration that she wouldn't have been hired unless she signed the papers and argued that she was not a lawyer.
Sudeikis and Wilde broke up in November 2020. They share two kids.
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"At no time did I ever receive or deny any request from Genaro to change any part of the agreement, including but not limited to the arbitration provision, before she signed it," Wilde said in her declaration. "To my knowledge, neither did Jason Sudeikis."
As for Wilde and Sudeikis, they claimed Genaro quit after they refused to increase her salary.
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