Skrbina
Skrbina v. Fleming Companies, Inc.
Opinion
Opinion
Sims, J.
Plaintiff Marko Skrbina appeals from the dismissal of his employment discrimination action following the grant of summary judgment to defendants Fleming Companies, Inc. (Fleming), Jim O’Bra, and Leighton Carlson. We shall conclude plaintiff’s action is barred by a written release agreement given by plaintiff to his employer in exchange for more than $8,000 in severance benefits. We shall therefore affirm the judgment.
Factual and Procedural Background
Plaintiffs work history.
Plaintiff, an immigrant to the United States of Croatian origin, was bom in 1931. In 1979 he began working as a forklift maintenance mechanic at the Milpitas warehouse now owned by Fleming. Fleming acquired the warehouse in 1986 and became plaintiff’s employer. Defendant O’Bra was Fleming’s human resources manager at the warehouse from September 1988 to October 1992. Defendant Carlson was plaintiff’s immediate supervisor.
During his employment with Fleming, plaintiff repeatedly complained of unsafe working conditions and harassment. In 1988 he filed (but did not serve) a lawsuit against Fleming, alleging employment discrimination based on national origin, in Santa Clara County.