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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) -- An Australian national and his Long Beach business partner are accused of siphoning more than million from the State of California in a years-long charter school scheme. According to the San Diego District Attorney, the pair sought out small school districts with limited experience in oversight and proposed they start online charter schools to earn more public funds. Sean McManus, 46, and Jason Schrock, 44, the CEO and president of A3 Education, along with nine other people named in the case have been indicted in San Diego County. Criminal counts include conspiracy, misappropriation of public funds, paying for student information and conflict of interest.A year-long investigation uncovered a massive scheme in which McManus and Schrock told subordinates and co-defendants to open a total of 19 charter schools in both San Diego County and statewide, according to the DA. The charter schools are listed below: Valiant Academy San DiegoValiant Academy Los AngelesValiant Academy Santa BarbaraCA STEAM San BernardinoCA STEAM SonomaCA STEAM Sonoma IICA STEAM Santa BarbaraUplift California MontereyUplift California NorthUplift California SouthUplift California Santa BarbaraCalifornia Academy of Sports ScienceCalifornia Academy of Sports Science FresnoCalifornia Vanguard FresnoUniversity PrepUniversity Prep FresnoUniversity Prep San BernardinoCalifornia Prep Sutter K-7California Prep Sutter 8-12 “These defendants engaged in a devious, systematic public corruption scheme on the backs of students, their parents and the public that over time diverted millions of taxpayer dollars into their own pockets,” District Attorney Summer Stephan said. “Our team of investigators and prosecutors uncovered widespread misappropriation of public funds that extends across the state.”Co-defendants in the case who worked under McManus and Schrock at the charter schools reportedly failed to disclose their relationship with the men when starting the schools, claiming to be the schools’ leaders. McManus is charged with 64 counts and is facing more than 40 years in prison if convicted. Schrock is charged with 62 counts and also faces more than 40 years in prison, Stephan said. On top of creating the charter schools, both McManus and Schrock are accused of running another scam that paid athletic organizations for student information. The pair reportedly paid pre-existing youth programs as little as per student for enrollment documentation and would then enroll the students into a charter school during the summer, collecting roughly ,000 per student from the state. McManus and Schrock are then accused of transferring more than million in public charter school funds into companies the pair own or control. Instead of spending the money on education, once the money was in private bank accounts, both men are accused of using the funds for themselves and their families. According to authorities, McManus and Schrock used the money to invest in startup companies, real estate, and wired money directly to themselves or family members. Most of the money obtained from the state ended up in the pockets of McManus and Schrock, the District Attorney's office said. San Diego's District Attorney held a news conference Wednesday morning. Watch the conference in the player below: 3326

SAN DIEGO (KGTV) — A Southern California athlete said his life was changed forever from a stem cell product he said came from a San Diego company. “It’s been tough. And it’s still tough,” said Alex Reyes. Team 10 interviewed Reyes at a San Bernardino park, where he took a few moments to play with his young children. Those are the moments he treasures because last year, even holding his kids was something he could not do. “I couldn’t walk for about three and a half to four weeks. I was on a bedpan. It was one of the hardest things I had to go through in my life,” Reyes said.This is coming from a man used to taking punches. He has several accomplishments in mixed martial arts, including King of the Cage Junior Welterweight and Lightweight Champion, as well as the International Brazilian Jiu-Jitsu Federation Absolute Purple Belt Champion. Reyes was signed to the UFC back in September of 2017 to compete in the Lightweight Division. In the UFC, he was known as the Executioner. “It was just the beginning for me,” Reyes said.He started doing stem cell injections last year to help with an old back injury. “It was kind of nagging,” he told Team 10.The first one he tried went well. “It helps regenerate the tissue… there was improvement, and I felt better,” he said. The second time, Reyes said he went to a different clinic in Las Vegas in June 2018. According to his lawsuit, the product used was from the ReGen Series?, developed and manufactured by Genetech. Genetech is not related to the biotechnology company Genentech.“After I got the injection a few days later, I couldn’t walk anymore, I couldn’t stand I couldn’t sit, I couldn’t move. It was really bad,” Reyes said. The lawsuit states patients from all over the country used the Genetech stem cell products from the ReGen Series?, but there were problems. The court documents show Health Departments in Texas and Florida received notification of bacteria in patients who received those injections. Genetech, which used to operate at a building on Bunker Hill Street on the edge of Pacific Beach, is now closed. However, federal regulators are currently looking into the company’s operations. A letter issued late last year by the Federal Drug Administration warned Genetech about several violations with “potential serious risks to patients.” The FDA and Centers for Disease Control are aware of at least 12 patients who received Genetech products. According to the FDA warning issued in late 2018, the federal agencies “have received numerous reports of safety issues including those involving microbial contamination… and subsequently became ill due to blood and other infections caused by bacteria, including Escherichia coli (E. coli).”“I was really terrified,” said Alex’s wife, Rosalie Reyes. “I didn’t know what to think. Is he dying? Am I losing my husband?”In September, the distributor Liveyon suspended shipment of its product and then voluntarily recalled all Genetech products it may have distributed, according to the FDA. 3016

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

SAN DIEGO (KGTV) — A surfer was found unconscious, face down in the water near Pacific Beach early Wednesday.San Diego lifeguards were notified of the woman in her 30's just after 8 a.m. inside the surf zone at Tourmaline Surf Park.10News spoke to Jason Glover, a paddleboard surfer who set up a robot-camera on the beach to capture surf videos. One of the clips captured the audio of the exact moment bystanders found the woman unconscious.“Hey! Hey! Call 9-1-1,” they said. Fellow surfers immediately pulled her out of the water and started CPR. Lifeguards continued life-saving efforts once they arrived, according to San Diego Fire-Rescue spokeswoman Mónica Mu?oz.The woman began breathing again and was transported to Scripps Memorial Hospital, but her condition was not immediately known.“They immediately brought her in. But that’s what surfers do. Whenever there’s a crew out here, you know you’re going to be fine because everyone looks after each other,” Glover said.It's unclear what caused the woman to become unconscious. 1042

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