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Castelblanco Law Firm Files Lawsuit Against IHOP Restaurant for Wrongful Termination, Age Discrimination

Posted on: Wednesday, 19 March 2008, 15:00 CDT

Citing age and perceived disability discrimination among other grievances, Ricardo Hernandez, 62, filed a wrongful termination lawsuit today in Orange County Superior Court against an International House of Pancakes (IHOP) restaurant in Orange, CA for being fired after 35 years of service as a restaurant worker.

During a news conference held this morning at the Law Offices of Eric E. Castelblanco, a Beverly Hills, CA law firm representing him, Hernandez and his attorneys, Eric Castelblanco and Kelly Chen, provided details of the lawsuit and the treatment that he received during the years prior to his dismissal, which he claimed was abrupt and without any explanation.

Named as defendants in the lawsuit were MD Hope Corporation, a franchisee of IHOP, and its owner, Sammy Saeed Medali. Causes of action cited in the lawsuit include: Age Discrimination and Perceived Disability Discrimination, Wrongful Termination, Failure to Pay Overtime Compensation, and various other Labor Code violations. The lawsuit seeks punitive damages and compensation for emotional distress, pain and suffering, unpaid wages, meal and rest periods denied, statutory penalties, interests, and attorney's fees.

Noting that Hernandez's alleged problems and ill treatment began shortly after he reported the restaurant to the U.S. Department of Labor for unlawful wage practices, Castelblanco commented: "This is a classic case of retaliation against a 'whistle blower.' It is no coincidence that after three decades of being an employee in good standing, Mr. Hernandez had a series of negative actions directed at him designed to force him out of his job. When he didn't leave, they dismissed him without warning or explanation. This is a deplorable way to treat an employee who had rendered long and faithful service."

According to Chen, shortly after filing the complaint, Hernandez noticed that management became highly critical of him, unfounded accusations were made and stricter regulations relating to his work were imposed. Among other alleged abuses, she said his hours were reduced and when he worked overtime, he did not receive an overtime wage. He was required to work without rest or meal breaks and there were constant complaints about his "old age" and "poor vision." Finally, she added, shortly before being fired, he was demoted to the position of "bus boy."

Following his dismissal in October 2007, Hernandez filed a complaint of discrimination against IHOP with the California Department of Fair Employment and Housing and a "Right-to-Sue" notice was issued by the department on November 16, 2007.

Commenting on his situation, Hernandez remarked: "I worked there over half my life and was always loyal and gave it my very best. Now, I'm in my 60's and they kicked me out because I wanted to protect my rights. It is terrible and I don't feel that this is right. I deserve better. All I ever asked was to be treated fairly."

Source: Business Wire

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