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SAN DIEGO (KGTV) - A former employee of the San Diego Metropolitan Transit System is suing the agency for retaliation after he said he stood up for a co-worker.Ivan Augustino moved to the United States from Sudan and still volunteers with projects for his native country. He started working for MTS in 2015.“It was pretty good,” Augustino said.Augustino worked as a Senior Applications Developer.“I am the main guy that deals with the complicated back end computer codes,” Augustino said.In 2017, he said he made a move that changed everything. It started with a co-worker.“One morning, she walked into my office pretty much in tears,” Augustino said.He said that a co-worker confided to him the Chief Information Officer discriminated against her when she asked about a promotion. The lawsuit filed against MTS claims the CIO told Augustino’s co-worker she was “not qualified for the job because of her age, her marriage and family planning status, and her relationship to an active duty military service member.”“The other question she also asked was, how old are you? You seem like you are at an age where you would be having kids,” Augustino said. It was a shocking conversation.“You know, that is wrong,” Augustino said.After his co-worker told him what happened, he first asked advice from another co-worker who then took it to human resources. Augustino said his co-worker did not want to bring the complaint to HR.“The last thing that anyone within the IT department wants is to take an issue to HR because once you report it to HR, there is going to be retaliation,” Augustino said.And that’s what happened, according to the former MTS employee. Initially, he was concerned how MTS investigated the complaint.“I was expecting someone to at least come and talk to me, but no one spoke to me,” Augustino said.He said retaliation began by the CIO and his direct supervisor.“The way they treated me just changed,” Augustino said.He claimed management suggested they would give him recommendations if he found another job. On another occasion, Augustino said they “mocked [his] English as a second language” in an email. On top of that, he said 98 hours of paid time off promised to him for working overtime on a big project was revoked, along with a promised promotion.“Coming from where I come from, I just felt like I did not even know what to do,” Augustino said.Feeling “degraded” and “intimidated”, he submitted a letter of resignation. However, he said he gave management an option.“If you can address this issue and the executive team and bring what I view as retaliation to a stop, I will pull my resignation,” Augustino said. Instead, he said he was fired and walked out of the building by security. His termination came a little over a month after he voiced his concerns about his female co-worker.A spokesperson for MTS told Team 10: “There is absolutely no validity to any of Mr. Augustino’s claims.”When asked if he would defend his co-worker again, Augustino said “absolutely.”Attorneys Zachary Schumacher and Daniel Goularte represent Augustino."This is absolutely a David versus Goliath situation," Schumacher said.Schumacher said fear is why people don't speak up."I like to compare it to battered wives syndrome, where you essentially have this person or in this case this entity who has this major power and balance who is doing all sorts of awful things and figuratively at least, battering its employees and yet they don't leave. They feel this sense of loyalty," Schumacher said. Team 10 was not able to get in touch with his female co-worker, but the lawsuit stated that she has since been moved to a “lonely, quiet corner of the office.” 3684

SAN DIEGO (KGTV) — A 20-year-old woman claims she was sexually assaulted for about 20 minutes during a Lyft ride in June.She's identified as Jane Roe in a civil lawsuit filed by Estey & Bomberger, LLP on Thursday. Roe tells 10News she has a disability and is unable to drive, she relies on Lyft to get to and from UCSD and around San Diego on a daily basis."I would use Lyft every day for about a year and a half," said Roe. "I would use it about 2-3 times a day."In June, Roe says she was using Lyft to travel from her father's home to her mother's, a 32-minute ride on the Interstate 5 that would forever change her life.RELATED: San Diego women reported in Uber, Lyft sex assault cases"He just asked me inappropriate questions," Roe said, referring to her driver. "He was commenting about inappropriate behaviors that he likes to do."Roe said the driver then told her to sit in the front passenger's seat, and out of fear she complied."The man.. he started touching me.. he groped my vagina, he groped my inner thighs, my thighs, my hamstrings," Roe said. She said the assault lasted between 15 and 20 minutes."I was kind of in a state of shock," Roe said. RELATED: Man accused of raping women at knifepoint across San Diego will stand trialThe following day, she and her mom reported the alleged assault to San Diego Police and Lyft. But Roe and her attorney, Mike Bomberger, say Lyft has been unresponsive."One of the things we don't know is what happened to the driver," Bomberger said.Roe and Bomberger allege that Lyft is not doing enough to keep passengers safe."Lyft fails to cooperate with police when there's an assault. Lyft tries to silence victims from when they report these assaults and Lyft has the technology to prevent these assaults from happening and they don't use it," Bomberger said.RELATED: San Diego City Council votes to ban electric scooters from boardwalksRoe says she's going through therapy and hoping to recover from the traumatic experience, but says she wants safety improvements in every vehicle, like an emergency button or recording device."I don't want anyone to go through this again, I don't want anyone to feel like this, and I don't want him to be able to have a young girl in his car again," Roe said.The Lyft driver has been named in the complaint, but 10News is not naming him because he has not been charged with a crime.In a statement to 10News, Lyft said, in part, that they "recognize the risks that women face and are working to build safety into every aspect of their work."Lyft would not comment as to whether the driver was still driving for the company. 2620

SAN DIEGO (KGTV) - A family wants the Governor of California to keep the man who murdered three San Diego State professors behind bars. Frederick Davidson was sent to prison in 1997 for three consecutive life sentences without parole after he gunned down his three engineering professors Chen Liang, Preston Lowry, and Constantinos Lyrintzis.The San Diego County District Attorney’s Office recently notified the victims’ families that Davidson applied for executive clemency.“Just asking for clemency?  Out of what?  On what grounds?” asked a distraught Esther Alonso, Lyrintzis’ sister-in-law.  Lyrintzis was married to her sister, Deana Alonso, and the couple had a young daughter.A District Attorney’s Office spokesman said the DA’s office already filed a letter opposing Davidson’s request.Alonso told 10News she could not believe Davidson would request clemency.  Alonso said the family agreed to not seek the death penalty in 1997 if Davidson agreed to plead guilty and go to prison for life without parole.“How can they tell them 20 years later that the deaths of their husbands and their fathers…that this guy has more rights than they do?” asked Alonso, a professor at Southwestern College. “I don’t understand a system where that is even possible.”Alonso created a Change.org petition directed at Governor Jerry Brown asking him to deny Davidson’s request.The DA’s spokesman said their office opposed more than 50 clemency requests last year and none of those requests were granted.  The spokesman added there is no deadline for Governor Brown to respond or send it to a hearing. 1627

SAN DIEGO (KGTV) - A 21-year-old North County man was stabbed early Saturday morning during an argument with three males over loud music, San Diego Police Department officials said.The stabbing was reported at 12:23 a.m. in the 14200 block of Cuca Street in Rancho Penasquitos, about a block away from Los Penasquitos Elementary School.Police said the man was stabbed in the right forearm during the argument. The victim's relatives transported him to a nearby hospital.The three suspects jumped into a dark vehicle and fled in an unknown direction, according to police.There is no further suspect information. 621

SAN DIEGO (KGTV) - A grandmother of four had a granny flat constructed in her Point Loma backyard to help finance her retirement. Dianne Rodriguez will be retiring in the next few years after decades of working in the hospitality industry. This year, she decided to build a retirement plan. She spent ,000, construction and permits included, for a pre-built granny flat.Work started in April. The landscaping and final touches were recently completed on a 375-square-foot, one bedroom, one bath tiny home, which she plans to rent out as vacation rental on Airbnb. "Living on a fixed income won't be easy. This will supplement our income and enable us to stay in San Diego, and do some traveling," said Rodriguez.She opened it up to her first tenant this week. The cost of the granny flat will add about 0 dollars to her monthly mortgage. She hopes to take in about ,000 a month from renting it out, which translates into an extra ,700.The company that built her tiny home is Instant Guest Homes. Owner Michael Avery says interest in tiny homes has surged since the City of San Diego relaxed its granny flat fees in May. He says the fees for an average project have shrunk by about ,000."Our clients are split between people who are using them to keep the family close, for example, moving grandma into an Instant Guest Room, and people using it for extra income for their retirement," said Avery. Click here for more information. 1451

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