LOS ANGELES (CNS) – A former truck driver for a wholesaler and distributor of fruits and vegetables is suing the company, alleging he was wrongfully fired in 2022 shortly after management learned he had been hospitalized for nearly having a stroke.
Ariel Alfaro’s Los Angeles Superior Court lawsuit, filed against Maui Fresh International LLC and employment staffing agency Man Staffing LLC, also includes allegations of retaliation, disability discrimination, failure to provide accommodations and engage in the interactive process and various state Labor Code violations.
“Rather than engage in any kind of interactive process with Mr. Alfaro, or even show any concern for an employee who recently underwent a serious medical emergency, defendants terminated Mr. Alfaro’s employment,” the suit states.
Alfaro seeks unspecified compensatory and punitive damages. A Maui Fresh representative did not respond to a request for comment on the suit brought Thursday. The company’s main office is in Los Angeles and its warehouse is in Vernon.
Alfaro was hired by Maui Fresh through Man Staffing as a truck driver in November 2021 and four months later was hit by another vehicle while driving from Anaheim to Los Angeles, causing enough damage to the truck that it needed to be towed, the suit states.
Alfaro reported the accident to his supervisor, who did not ask if the plaintiff was hurt or send anyone to the scene, where Alfaro waited for a tow truck, the suit states.
Although Alfaro worked 15 hours that day, he was only paid for eight hours and he was ignored when he complained, his suit alleges.
In late April 2022, Alfaro felt both fatigue and numbness in his hands while at work and two days later he went to a hospital emergency room, where doctors determined that he was about to have a stroke, the suit states. Despite his condition, Alfaro was able to text his boss that he could not go to work that day, the suit states.
Rather than show any concern for Alfaro, the supervisor asked about the keys to the company truck so that another employee could use it, the suit states. Alfaro told his boss that the co-worker had already obtained the keys, the suit states.
After his release, Alfaro was put on medical leave through May 1, 2022, after which he could return to work with modified duties, the suit states.
Alfaro called his boss to let him know he had left the hospital and about his work restrictions, but the supervisor did not answer his call and Man Staffing called him later that day to tell him Maui Fresh “did not want him back at work,” the suit states.
Alfaro was fired in late April 2022 and because Maui Fresh never reported the March 2022 traffic accident to the Department of Motor Vehicles, the plaintiff’s driver’s license was suspended, causing him significant distress and forcing him to incur expenses for which Maui Fresh never reimbursed him, the suit states.
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