EXHIBIT “2”

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 1 of 11
1 UNITED STATES DISTRICT COURT

 SOUTHERN DISTRICT OF FLORIDA

2 MIAMI DIVISION

3 CASE NO: 20-cv-22603-MOC

4 ERIK CHAVEZ, individually and on behalf

of others similarly situated,

5

 Plaintiff,

6

vs.

7

GRILL ENTERPRISES, LLC., a Florida

8 Limited Liability Company d/b/a

Los Parrilleros and Parrilleros Tavern

9 and RUBEN SIERRA, individually,

10 Defendants.

________________________________________/

11

 By Videoconference

12 April 7, 2021

 10:04 - 2:00 p.m.

13

14

 DEPOSITION OF LEONEL DIAZ GONZALEZ

15

16

17

18

19

20

21 Taken on behalf of the Defendants before Karen

22 Ann Smith, RPR, Notary Public in and for the State of

23 Florida at Large, pursuant to Notice of Taking

24 Deposition in the above cause.

25

Page 1

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 2 of 11
1 APPEARANCES BY VIDEOCONFERENCE:

2

 ANTHONY F. SANCHEZ, ESQ.

3 ANTHONY F. SANCHEZ, P.A.

 6701 Sunset Drive

4 Suite 101

 Miami, Florida 33143

5 afs@laborlawfla.com

 Attorney for Plaintiff

6

7 TODD W. SHULBY, ESQ.

 TODD W. SHULBY, P.A.

8 1792 Bell Tower Lane

 Weston, Florida 33326

9 tshulby@shulbylaw.com

 Attorney for Defendants

10

11 INTERPRETER: Milagros Buckley

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 2

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 3 of 11
1 translation. I would say retaliation more than

2 revenge.

3 THE INTERPRETER: Okay.

4 MR. SANCHEZ: He also said suspicion of

5 retaliation. You can correct me if you take issue

6 with that.

7 THE INTERPRETER: The interpreter is

8 corrected. "I would suspect it is retaliation.

9 Recently I have known."

10 Q. What happened recently that made you think

11 this was retaliation?

12 A. A document he had signed a month before I was

13 fired saying about a payment of ours not accounted for

14 and the employment department had investigated.

15 MR. SHULBY: I'm going to need that answer

16 read back. Ms. Smith, can you do that for me?

17 THE COURT REPORTER: Sure.

18 (Thereupon, the portion referred to was read

19 by the reporter as above recorded.)read back

20 BY MR. SHULBY:

21 Q. When did you sign that document? Did you say

22 it was one week before you were terminated?

23 A. No. It was some months before.

24 Q. How many months?

25 A. I don't remember, but it was that year.

Page 42

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 4 of 11
1 Q. What year was that?

2 A. 2019, the same year I was fired.

3 Q. What was the date of your termination?

4 A. I think it was in November or beginning of

5 November.

6 Q. How much before your termination did you sign

7 that document?

8 THE INTERPRETER: The interpreter needs

9 repetition of the question.

10 Q. How many months before your termination did

11 you sign that document?

12 A. I don't remember it.

13 Q. Do you have the document?

14 A. No.

15 Q. Now, knowing that you signed the document in

16 2019 and you were terminated in 2019, what was it as you

17 say recently that changed your mind about this and makes

18 you think that it was retaliation?

19 A. When I was made to sign that document a few

20 days before a person that I think was from the

21 employment department started interviewing the employees

22 who were present that day. He gave me a card and he

23 asked me how many hours did I do per week. Then I

24 didn't know what the interview was for. And then a few

25 days later Ruben came to me and asked me to sign a

Page 43

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 5 of 11
1 document.

2 MR. SANCHEZ: I think he also said and receive

3 a check.

4 THE INTERPRETER: Yes, and he gave me a check.

5 Q. You said -- Strike that.

6 You testified a short while ago that something

7 changed your mind recently that made you think recently

8 that this was retaliation. What happened recently?

9 A. A document was shown to me, that precise

10 document shown to me and then I was given that check.

11 After I had signed the document -- A girl, cook had also

12 been given a document and later fired. And months later

13 after signing the document I was fired, too.

14 Q. This document was shown to you again recently;

15 is that what you're saying?

16 A. Yes.

17 Q. And when that document was shown to you

18 recently, that's what changed your mind and made you

19 believe it was retaliation was the reason for your

20 termination?

21 A. I was fired without given a reason why. And

22 then the day before Manager Vanessa had a change of

23 attitude towards me, which I perceived as being hostile,

24 and I didn't understand why. She would send me home

25 early and would not allow me to finish my shift

Page 44

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 6 of 11
1 year before you signed them and filed them with the IRS?

2 A. My accountant.

3 Q. And if you had any questions, would your

4 accountant answer those questions for you?

5 A. I think so.

6 Q. Did you ever ask your accountant any questions

7 about the issues that are at stake here in this lawsuit

8 regarding your pay?

9 MR. SANCHEZ: Object to form.

10 A. No. No.

11 Q. Did you ever ask your accountant whether the

12 W-2s provided to you by Grill Enterprises were accurate

13 and correct?

14 MR. SANCHEZ: Object to form.

15 A. No, I didn't ask.

16 Q. Now, you were talking about the form that you

17 signed for Grill Enterprises when Ruben Sierra presented

18 it to you and gave you a check. Do you recall that?

19 A. Form, no. Yes, the form in order to receive

20 that check, yes.

21 Q. And you said you signed that form without it

22 having been translated to you, correct?

23 A. Uh-huh. Yes.

24 Q. And has it been translated to you now?

25 A. Yes.

Page 66

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 7 of 11
1 Q. Who translated it to you?

2 MR. SANCHEZ: I am going to object to the

3 extent that that question requires - requires him

4 to divulge attorney-client communications. To the

5 extent that whoever that translated it for him was

6 an attorney or from this office, we would object on

7 the grounds of privilege. He doesn't have to

8 answer.

9 Q. Go ahead, Mr. Diaz.

10 THE INTERPRETER: The interpreter requests

11 repetition of that.

12 MR. SANCHEZ: Object to form.

13 Q. Did Mr. Sanchez interpret that form for you?

14 MR. SANCHEZ: Object to form. It's

15 privileged. Move to -- Instruct him that he

16 doesn't have to answer that question. Attorney17 client privilege.

18 MR. SHULBY: There is nothing privileged about

19 me asking the question of whether or not you

20 interpreted a form for Mr. Diaz.

21 MR. SANCHEZ: That's a legal conclusion we may

22 have a disagreement about. If there's case law

23 that says that he can answer that question, that

24 that communication isn't privileged, I'd like to

25 see it and I would reconsider the assertion of a

Page 67

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 8 of 11
1 privilege or the recommendation that he assert a

2 privilege.

3 MR. SHULBY: We'll come back and we'll

4 continue Mr. Diaz's deposition at that time because

5 that is surely the case.

6 MR. SANCHEZ: If that's what you want to do,

7 Mr. Shulby, that's fine. If that's not a

8 privileged communication, then that will be a yes

9 or no answer. Until I'm satisfied that it's not

10 privileged, I'm telling him and protecting his

11 right to not answer communications.

12 BY MR. SHULBY:

13 Q. Mr. Diaz, did anybody besides Mr. Sanchez

14 translate that document to you?

15 A. No.

16 Q. Do you agree with the content of that

17 document?

18 MR. SANCHEZ: Object to form.

19 A. I don't know what that document is about. I

20 know that it's an investigation, but I couldn't say

21 whether I am for - whether I am in agreement or not in

22 agreement with it.

23 Q. You have signed the document and you have now

24 had it translated to you. Do you disagree with the

25 document?

Page 68

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 9 of 11
1 MR. SANCHEZ: Object to form.

2 A. I can't say whether I am in agreement or

3 disagreement if I don't know what the investigation is

4 with that document.

5 Q. Do you agree you are owed money by Grill

6 Enterprises that was paid to you after signing that

7 document?

8 MR. SANCHEZ: Object to form.

9 A. Ruben approached me and asked me to find the

10 document because he has - because he told me - because

11 it was a matter of the hours that they had studied. He

12 gave me the document. He said sign it, I am going to

13 give you a check. He said these are hours that we have

14 studied and that were not paid to you.

15 Q. I'm sorry. Go ahead, Mr. Diaz.

16 A. And after work he did not give me further

17 explanation than that.

18 Q. And after explaining to you that the check was

19 for hours that you had not been paid for, he gave you a

20 check to pay you for those hours?

21 A. Is that a question?

22 Q. Yes.

23 MR. SANCHEZ: Object to form.

24 A. What he said, it was something about the hours

25 and at that time I didn't know what it was.

Page 69

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 10 of 11
1 CERTIFICATE OF OATH

2 (VIDEOCONFERENCE PROCEEDINGS)

3

4 STATE OF FLORIDA )

 ) SS:

5 COUNTY OF BROWARD )

6

7 I, KAREN ANN SMITH, Registered Professional

8 Reporter and Notary Public in and for the State of

9 Florida at Large, certify that the witness, LEONEL DIAZ

10 GONZALEZ, appeared before me via videoconference on the

11 7th day of April, 2021 and was duly sworn.

12 WITNESS my hand and official seal this 30th

13 day of June, 2021.

14

15 <%2938,Signature%>

 _______________________________

16 KAREN ANN SMITH, RPR

 Notary Public, State of Florida

17 at Large

18 Notary #GG979937

19 My commission expires: 5/23/24

20

21 Produced Identification

22 Type of Identification Produced: FL driver's license

23

24 Job #4512173

25

Page 71

Veritext Legal Solutions

800-726-7007 305-376-8800

Case 1:20-cv-22603-JG Document 159-2 Entered on FLSD Docket 05/02/2023 Page 11 of 11