“I’m depressed, my nerves are shot. It’s a bad feeling. It’s a tough time in your life to look for gainful employment at my age,” says Darren, age 53.
Darren is racking his brains trying to figure out why we was fired. Could it be the recent few days of sick time he took? Or a month ago, when he had a panic attack at work? Darren thinks the reasons are more insidious and they are violations of the California labor code.
“I believe I have been let go because of my age, and because I have been here so long; I am one of the highest paid,” says Darren, who was a co-manager of the store. “As well, I have been discriminated against. I am Caucasian and my bosses are Hispanic.”
And the grocery store could also be in violation of the labor employment law regarding misclassification. For the past five years, Darren was assigned a position in marketing away from the store where he didn’t have control over supervision.
“I held that position until I was terminated in August,” Darren explains. “Right before I was fired, my supervisor said they were sending me back to my original position at the store. I had stomach issues so I left work on Thursday and called to tell them I was going to the doctor on Friday, and I provided them with a doctor’s note.”
A month previously, Darren had the panic attack that caused him to take a week off work. Again, he provided a doctor’s note. And another incident happened. Darren had a conversation with a fellow worker and asked if her relative at Safeway was hiring. Apparently Darren’s manager got wind of this conversation and hauled him in to HR. The manager was also in the HR office.
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Darren doesn’t think that anyone is going to offer him a job at this salary, and at his age. “And who knows what information they will give out if a potential employer calls. If I put my supervisor down for a reference, I don’t know what he is going to say, but it is the only reference I’ve had in 24 years.”
Darren was looking forward to retirement in seven years. Darren is hopeful that a California labor lawsuit will get his job back, or at least some financial compensation.
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