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NBA Owner Sued by Former Nanny

3/11/2010 10:10 AM PST BY TMZ STAFF

The dude who owns the Indiana Pacers basketball team is being sued by his former nanny after she allegedly got the chop ... when she was ready to pop.

In a lawsuit filed yesterday in L.A. County Superior Court, Herb Simon and his Thai supermodel wife, Bui, are accused of firing Claudia Leite after she told her bosses she became pregnant last month.

In the suit, Leite claims the family "feared" that she would want to take a "brief or limited medical leave of absence" around the time the baby was due -- and according to Leite, that wasn't gonna cut it.

But the nanny isn't going after the Simons alone. The family's former driver is also suing the couple, claiming they kicked him to the curb when the guy became "disabled with severe infections."

Both the nanny and the driver claim the Simons also cheated them out of several paychecks -- they're both asking for an unspecified amount of cash.

We called, but we were unable to reach Simon's rep for comment.

For more sports stories, check out tmzsports.com!

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Firing someone who is anticipated to take leave can be entirely lawful so long as pregnant and non-pregnant leave-takers are treated the same and the Family and Medical Leave Act is not violated. The problem is that employers tend to assume that every woman will take leave above and beyond what they let others take, and then fire them long before that *might* happen. When an employer learns that an employee may need to take leave for ANY reason, they should discuss how much leave will be needed and when. If they are not okay with the amount of leave needed, they should make an assessment of how long it will take to replace the person and let the employee work up until the replacement needs to be in place. If the woman ends up needing more leave than anticipated, she should know that the employer can just tell her that he cannot afford to be without staff and will need to replace her. The key is to treat all persons needing leave similarly. If you're not going to fire the twenty-something who takes off two months to hike across France, don't fire the woman who takes 6 weeks to have a baby.

That said, too many women assume that they can take off from work for weeks at a time without ever checking to see if that will be permitted. Long term employees of larger employers usually get leave. (See Family and Medical Leave Act). Short term employees and those working for small employers usually don't. Private homes tend to be small employers.

1686 days ago


I have serious doubts about the Nanny's story. I have been a Nanny for over 20 years. When a family finds a wonderful Nanny, they don't fire them for getting pregnant. Employer's would do just about anything to keep a great Nanny, they are very hard to find. Why on earth would they fire a VALUABLE Employee? Maybe she wasn't such a great empoyee? Maybe she was on her way out anyway? I know several Nannies that have married and started their own families and their Employer's welcomed them back with open arms.

I had a baby and got married while working for my current Employer's. I bring my Son to work every single day and he is part of their family now. They have bent over backwards to accomodate myself and my Son.The Nanny must not be that great or they would move heaven and earth NOT to lose her. Move on!

1686 days ago


she got to be a jackass to allow that ugly guy near her.

1686 days ago


@LOTTA- You sound like such an ignorant idiot. How do you know she slept with her employer? How would you even know it's true? Every time someone asks me if I slept with the "old due" it shows what ignorant pigs they are. Get a clue dumas.

1686 days ago

Witch Kate    

There are many states that are "right to work" state which also means right to fire state. These states do not need any reason at all to fire you. If they don't like what make up or color of your jacket or whatever. This is absolutely true I have heard it from many employers and seen it happen to people. As well the employers says when you filled out your application for a job here did you see anywhere on it that it said we had to be fair? The door is not locked from the inside out and you can leave at anytime. We do not force you to work here. Not every state is a right to work state but NC is one and Pa is not one. The Federal Family Leave act does not cover you if your employer at the location where you work has less than 50 employees at your current location it's not covered.

1686 days ago

Old Broad    

The guy looks too old to need a nanny. Must have a young wife.

1686 days ago


I actually agree with the owner it's a tough issue when a lady is Pregnant. you would be nervous as an owner or boss because they will want to keep taking time off, need to go to the doctor, then when the child is born they have the absence leave. Well who is going to fill your position while you are away? Pregnant women get so upset when they get into trouble for being pregnant but they need to think not only about themselves but what kind of hole they are seriously leaving for the company that you are working for. It's not a light joke. It's like pregnant women have this attitude or lax attitude of oh well I'm pregnanat someone will just cover my spot and since "I'm prgnant" I get this automatic "pass" and I'll be back to work in like oh 6 months but then when those 6 months are up I want only part time work because I want to stay home with my kid. Yeah everyone would like that kind of luxury but that's not how life usually works. Companies and bosses only have so much leeway and it seems like women just don't see where the companies, bosses are comming from. Then the pregnant and new moms are like well what about my job. Well you can't have it both ways it just dosen't work that way. There are things in life that just have to sacerfice when it comes to women starting the families. This is exactly where equality comes into play at the work place.

1686 days ago


I got a 4 letter word for this. MILF!

1686 days ago


Mel Simon was the smart one. Herbie is just the stupid little brother that Mel took care of.
He owns the Pacers for christ's sake.....pretty dynamic unto itself.
Just goes to show that a short fat man with money can get a wife in Thailand, and jerk-ff his help.
For the losers that are defending Herbie and say they work for him; their jobs were to squeeze Herb's anal glands when they beome filled with puss. He's not about to fire them, cause it's too difficult to find replacements for that job.

1686 days ago


This was wrongful termination...my cousin worked for this family for the past 10 years....there's a lot more to the story...
these people are not so nice after all....

1686 days ago


SLITHERING SNAKES TOUR 2010...witness the jerks of sports, media, entertainment and corporate greed. Vomit inducing faces of disgrace right in front of you!

Pony up the CASH and hide your own faces in disgrace!

1686 days ago


Please have someone, preferably someone who does not write for the Los Angeles Times, proof these articles. The writing is atrocious. And this article must have been written by the same person who wrote about Vince Lombardi and Nike. Terrible. Or is there nobody on staff that has been trained in grammer and prose? Really?

1686 days ago


#30 by oy You might want to follow your own advice and use dictionary.com......it is NOT grammer.....it IS grammar!

Have fun with your dictionary!

1686 days ago


I have actually worked for people far wealthy than they are. In fact, one of my former Employer's was rated on Forbes wealthiest alive or dead. That's not to say I haven't worked for wealthy people that are complete jackasses and wouldn't pee on you if you were on fire. You are hired as an at will Employee and every agency makes you sign a contract. When you are dealing with people of this caliber, you ALWAYS have the option to go back to the agency and express your concerns. They will either place you in another position or you can move on.

1686 days ago
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