Wheat

Wheat v. Wal-Mart Associates, Inc.

Good Law
United States District Court, Eastern District of CaliforniaMay 12, 20251:22-cv-01524California17,950 words

Opinion

Trial Court Opinion

I. BACKGROUND

20 On October 27, 2022, Plaintiff Steve Wheat (“Plaintiff”) filed this action in Tulare County 21 Superior Court, alleging violations of California’s Fair Employment and Housing Act (“FEHA”), 22 wrongful termination in violation of public policy, and failure to maintain and produce accurate 23 records pursuant to California Labor Code. (Doc. 1-1.) According to Plaintiff’s complaint, 24 Plaintiff was hired by Defendant Wal-Mart Associates, Inc. on August 5, 1991, and worked for 25 26 27 1 Documents from the CM/ECF docket are referenced throughout this order by their CM/ECF docket number and CM/ECF pagination. Defendant for over twenty years. (Doc. 1-1 at 4 ¶¶ 7-10.) Defendant hired Uriel Rosalez,2 as Operations Manager, who began to harass Plaintiff due to Plaintiff’s age and tell Plaintiff that Mr. Rosalez and others were trying to push out older managers in favor of new managers. (Id. at 4-5 ¶ 8-15.) Plaintiff complained to General Manager Kent Delperdang regarding Mr. Rosalez’s comments and harassment. (Id. at 5-6 ¶ 16-17.) Mr. Delperdang informed Plaintiff that he still 6 needed to see improvement from Plaintiff and suggested that Mr.…

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