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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 On top of that, he said 98 hours of paid time off promised to him for working overtime on a big project was revoked, along with a promised promotion.“Coming from where I come from, I just felt like I did not even know what to do,” Augustino said.Feeling “degraded” and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 14-year-old girl is the first child to die from influenza this season in San Diego.The girl, who died on Feb. 12, had an underlying health condition, according to the County Health and Human Services Agency. She had contracted influenza A, also known as H1N1, the county says, and had not received this season's flu vaccine.“Pediatric influenza deaths are very unfortunate. Our condolences go out to the family,” said Wilma Wooten, County public health officer. “It is extremely important that people get vaccinated because influenza can be deadly.”The teen is one of five flu deaths reported last week, bringing the county's death toll this season to 35 people. The other deaths last week were four men —ages 82, 73, 62 and 56 — and all had underlying medical conditions. Only the 82-year-old and the 56-year-old had been vaccinated, the county says.At this time last season, there had been 268 deaths.“Influenza continues to be widespread. If you have not gotten a flu shot, do it now,” Wooten added.Last week, 539 lab-confirmed cases of influenza were reported, compares to 476 at the same time last season. The majority of cases have been of the H1N1 virus, the county says, which typically affects younger and middle-aged adults because they have not been exposed as much as older adults. 1322

SAN DIEGO (KGTV) - A coffee shop owner in City Heights has planted a handful of coffee trees in his garden. He plans to be at the forefront of the "small-batch coffee" movement growing across San Diego."I'm learning more and more about coffee, and it's just becoming way more intriguing to me, and it's fascinating," says Justin Boone, the owner of Burly and the Bean.Boone says he planted his first tree about 18 months ago, after talking to friends about the idea. He got more interested as he heard of local farms planting the trees in large quantities."I guess it's a little risky," says Boone, "because I really don't know what the outcome is going to be."Boone says his trees won't produce enough beans to harvest for another 2-3 years. But he's excited to taste the first cup from his crop.Meanwhile, coffee is becoming a trendy new crop across the County.Frinj Coffee currently manages around a dozen farms in San Diego that have planted coffee trees. They did their first harvest over the summer.RELATED: Local Coffee Farmers Prep for First Ever HarvestAnd RE Badger and Sons recently planted about 5,000 coffee trees in the farms they manage, saying the climate along the San Diego coast mimics the tropical environment of traditional coffee-producing countries.RELATED: San Diego farmers see coffee as next cash cropThe farming community believes coffee can become a new, trendy crop as people look to buy more local products.Boone believes he's one of the first to plant trees on kind of a small, backyard-based scale.He says this is his way of giving back to the City Heights community. His business has already grown beyond his coffee shop, as he now runs a roasting plant up the street. He says he's trying to make the neighborhood a more inviting place to live."When my wife and I moved here, we were waking on the weekends, and we thought, 'There's nothing to walk to in our neighborhood. There's nothing around. There's no coffee,"' he explains. "I'm really just trying to pull this community together and kind of show light to our neighborhood." 2072

SAN DIEGO (KGTV) -- A gaping hole in an Allied Gardens hillside has many residents worried of a potential catastrophe.Outside of John and Sandy Knox’s bedroom window is a massive sinkhole that has already swallowed up their tree. The couple fears their home could be next.A broken-down drain pipe that is 50 feet deep and 60 feet wide is believed to be the cause of the hole.On Tuesday, ABC 10News spotted City of San Diego crews taking measurements and assessing the sinkhole.John Knox said he owns his mobile home, but a property management company owns the land it sits on and might be on the hook for fixing it.According to Knox, the management company has ignored his calls regarding the hole.ABC 10News learned the city is now investigating. 755

SAN DIEGO (KGTV) - A Coronado gym is taking on a novel concept, devising a bracket-style challenge involving acts of kindness.Founder Nick Merrill grew up on Whidbey Island, north of Seattle, Washington and giving is in his blood. Merrill said his dad was a founder of Hearts and Hammers, a non-profit that helps build homes for those in need.After college he met his wife, who shared his love of fitness. "I met my wife through working out, we started running marathons together and ended up doing some charity runs where we ran across Washington State where we earned a bunch of money for some charities in Africa, built a school, built some wells," Merrill said.Naturally when they opened the doors of Sweat Equity in Bellevue six years ago, they wanted to marry their gym with good deeds. They opened their Coronado gym about two years ago.Every year they have challenges to engage their members. Each March, they play off of the NCAA's March Madness bracket competition.Each team of four earns points through workouts and "each round will have a specific random act of kindness that everyone will do," Merrill said that will earn them points as well.In years past, it's been anything from buying a cup of coffee for someone, to putting change in an expired parking meter. One year they flexed their giving muscles pretty hard, "we brought in over 2,000 lbs of food basically in one day." Merrill said that was for Northwest Harvest in Washington.This year they hope is their biggest year yet."It's so rewarding, it makes you feel so good and it makes the person you helped out feel so good," Merrill said.The competition starts March 16 and ends April 1, with the winner receiving a trophy for their efforts. 1721