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SAN DIEGO (KGTV) - A San Diego mother of four said she was fired from her job of nine years because she needed to keep working from home during the pandemic.According to a lawsuit filed by Taneasha Newsome, “Knowing Ms. Newsome required a work accommodation or a medical leave to care for a disabled child during the global pandemic that gripped the country in early 2020, Axos failed to attempt accommodating Ms. Newsome’s obvious need. Instead, Axos terminated her in order to rid itself of an employee who required accommodation.”The federal complaint filed last week against San Diego-based Axos Bank alleges associational disability discrimination and wrongful termination, failure to provide reasonable accommodations, and racial discrimination, among other things.Newsome said it was challenging before the pandemic to balance work and home obligations. She explained one of her children has attention deficit hyperactivity disorder and another is autistic.Newsome said when the stay at home order went into effect, schools closed, and she started working from home.“I was told basically, I’m supposed to use my breaks legally and my lunch to do what I need to do for the kids, which anyone who has kids knows that’s impossible,” she said. “You can’t put them on a schedule when they’re hungry or need to use the bathroom.”According to her lawsuit, in late March 2020, Axos began using a computer program to monitor its remote workforce.The lawsuit claims Axos knew the program “was unable to track certain aspects of employees’ workdays, which caused the system to erroneously underreport working hours for Ms. Newsome and others.” It stated Axos used the inaccurate reports, “to place Ms. Newsome and other employees on a performance improvement plan (PIP) on April 24, 2020 for lack of productivity, even though the reports did not accurately measure their full productivity.”“During that time, they say, ‘Hey the software isn’t properly tracking us, it’s not tracking our work,’” said Newsome’s attorney Alreen Haeggquist. “They ask questions to their managers of how does it track productive time and unproductive time. No answers are given.”According to the lawsuit, Axos demanded all teleworking employees return to full-time, in-office work on May 1, 2020. The lawsuit said employees that required a further teleworking arrangement were instructed to submit a formal request form that detailed their need for continued teleworking.“When Taneasha says, ‘Hey I need an accommodation. I need to keep working from home because of my children with special needs and what’s going on with them at home.’ They fire her based on those reports from over a month earlier,” Haeggquist said.According to the lawsuit, “Axos fired Ms. Newsome during a two-minute Zoom meeting with HR, claiming it was based on her lack of ‘productivity.’ Axos Bank fired Ms. Newsome, but not because of her performance. After interfering with Ms. Newsome’s right to take leave to care for her disabled family members, and otherwise failing to accommodate that need, Axos Bank fired Ms. Newsome because, as the mother of two disabled children, she needed to remain working from home, and the company thought she was too likely to be ‘distracted’ by the childcare obligations of her disabled children.”In a statement, a spokesperson for Axos Bank responded to the allegations writing, “Like most public companies, it is our policy not to comment on the specifics of pending litigation. With respect to this complaint, we can say the allegations are false and omit material facts, and we are confident we will prevail once these material facts are presented to the appropriate forum.”Newsome said things have been difficult since she lost her job.“We had to give up our apartment,” she said. “We now live with family, which I’ve never had to do. When I left home at 18, I stayed gone. So, this is my first time coming back home. It’s an adjustment for the kids, they’ve never not had their own.”Newsome’s lawsuit also alleges racial discrimination. It claims, “Axos discriminated against Ms. Newsome in compensation and in terms, conditions, and privileges of employment because of Ms. Newsome’s race. Based on information and belief, Axos paid Ms. Newsome less than her white counterparts, and the differential was not based on a bona fide factor, but rather, it was based on race.”As of this writing, the company has not yet responded to the allegations in court filings. 4461

SAN DIEGO (KGTV) - A strong 5.5-magnitude jolt rocked Baja California Friday night, but the earthquake was felt as far north as Oceanside, according to United States Geological Survey data.Friday's tremor happened at 7:52 p.m. and was centered 2.3 miles southeast of Colonia Venustiano Carranza in the town of Mexicali -- about 150 miles east of San Diego, according to the USGS.Various people reported feeling the quake all over Southern California, including numerous locations in San Diego, Imperial County, and Arizona.RELATED: Experts: 6.9-magnitude Rose Canyon Fault earthquake could devastate San DiegoWe posted the story on Facebook and asked ABC 10News viewers if they felt the shake and the response was mixed."Yes we felt it in Bankers Hill. We’re on the top floor (4th) of a condo building! Unfortunately we feel most of this stronger earthquakes!," said Karen Silberman Tomasello."Yes, checking in from Harbison Canyon East County. Very scary," said Betsy Elizabeth Oliver-Uribe."Yep! In Eastlake (Chula Vista) rattled my kitchen cabinets! And that’s why my cat was acting psycho beforehand," said Annie Sevier Spackman."Nope didn’t feel a thing in Spring Valley!," said Julie McMillan.There have been no reports of injuries or damage at this time. 1269

SAN DIEGO (KGTV) — An explosion of COVID-19 cases across California has many businesses once again changing how they operate.But not by choice. The changes come after most counties find themselves in the state's most restrictive purple tier.San Diego County's move to the purple tier means back to takeout and outdoor only dining."I see red … Not in the black right now," says Terryl Gavre, owner of Café 222 in San Diego. "I've been here 29 years, this restaurant opened in 1992 … and I am doing less in sales than I was doing in 1992."Gavre's other spot, Bankers Hill Bar and Restaurant, is in what she describes as a hibernation period. Hunkering down and trying not to lose money.Those business decisions come with a cost."If we stay open, every month you watch the savings account go down, down, down," Gavre said. "We had 15 employees here pre-COVID we're now down to 5. So 10 of my staff members have been laid off. At Bankers Hill Bar and Restaurant, we had 40 people on staff."This week, 28 other California counties across the states moved back into the purple tier."My first thought was that's very frustrating. My second thought was immediately what I've been doing for the last eight months which is lying in bed awake thinking how are we going to pull this off," said Ryan Joiner, who owns Athlon Fitness & Performance in San Luis Obispo.The rules say fitness facilities located in purple tier counties can only operate outdoors.While some businesses have spent the last nine months treading water, the most recent frustration comes with the governor's Monday press conference and changes to the tier system, allowing counties to move back a tier after one week, not two.It drastically changed the makeup of the state and how many businesses across the state can operate."Counties can move back after one week, not just two weeks," Gov. Gavin Newsom said, describing the state hitting the emergency brake. "I'll go back so you can get a sense of where we were just a week ago and now again the purple throughout the state of California.""It's really frustrating for a lot of people and ya it does seem like he's moving toward a backdoor shut down order again," James Gallagher is a state assembly member in Northern California.Gallagher says the governor keeps changing the rules just as people are finding their footing from the last set of guidelines."I just think that this approach is the wrong one," Gallagher said.Gavre says the tighter the restrictions get and the longer they go on the harder for small businesses to keep going."A lot of people out of work right now going into the holidays and I don't know what they are going to do," Gavre said.The state has said the spread of COVID-19, if left unchecked, could quickly overwhelm our health care system and lead to catastrophic outcomes. 2824

SAN DIEGO (KGTV) - After a year of saving, an 11-year-old San Carlos girl is finally spending all her money -- on other kids.During last year's holiday season, even before Sienna Ince opened her gifts, a question popped into her mind."Why do I get so many gifts when there are others who don't get any, and their parents just have to pay bills," said Sienna.So Sienna decided to use her birthday money and money from chores, and bought worth of gifts, with many of them going to Toys For Tots."She loaded everything onto the conveyor built at the checkout stand and paid for it ... It made me very proud of her. Love to take credit it, but it was all her," said Sienna's mother, Nichel Ince.This year, amid the pandemic, Sienna decided to step up her game. Her parents' jobs have been impacted, but not as much as for many others."I know that other people can't get gifts because parents are losing their jobs in this hard time. They can't get a lot of things. I just want to make sure everyone during this time can get gifts," said Sienna.Sienna set up lemonade stands and cooked up bake sales, and set aside the money she received from her birthday and chores. In the end, she saved about 0. Her father then made an appeal on the Nextdoor app for families, and kids in need -- of something under the tree."I want them to feel happy knowing that they're going to get gifts, and they're going to wake up and be happy with their gifts," said Sienna.Sienna has finished her shopping, which included more than 20 gifts. She just started with the wrapping, and she's issuing a challenge to kids who aren't in need."Maybe you can ask your parents to not give you one of your gifts on your list, and give something to other people ... I just want other people to see this and think that you can also make a difference," said Sienna.Sienna's parents have agreed to help her if more families come forward in need of gifts. If know of any families, you can email us Tips@10news.com.Sienna' parents have also started a Gofundme campaign to help buy and deliver more holiday gifts. 2085

SAN DIEGO (KGTV) -- A shortage of labor is creating big problems for San Diego farmers. According to the San Diego Farm Bureau, the slowing workforce is expected to impact local farmers and the price we pay at the grocery store. The bureau says the problem stems from an aging work force, the lack of an easy-to-navigate visa program, and the cost of living in San Diego County. There is a visa program available, but for San Diego’s smaller farmers, the process is complicated and expensive. Created in 1986, the H-2A visa was designed to help understaffed farmers hire foreign workers. The problem? The visa program requires farmers to pay its H-2A employees a set minimum wage, .92 per-hour in California. Farmers are also required to provide housing, food and transportation to H-2A workers. California isn’t alone, other states like Idaho are also struggling to find help.According to an Idaho newspaper – The Post Register, a recent migrant shortage and costs associated with the program are forcing some farms out of business. Although times are tough for farmers in San Diego, the bureau says there is a solution – creating a boiled down visa program that simplifies things for farmers and the workers they need. Friday morning on 10News at 6, Kalyna Astrinos takes a deeper look at the impact on San Diego farmers and the decisions they face in the midst of the shortage. 1392

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