A former employee has filed a lawsuit against a major retail corporation, alleging disability discrimination and wrongful termination. On November 21, 2024, Herzom Perez filed a complaint in the Ventura Superior Court against Walmart, Inc., claiming that his dismissal was unlawful and retaliatory.
The case revolves around Herzom Perez, who began working as a stocking sales associate at Walmart's Simi Valley Neighborhood Market on April 5, 2024. In June of the same year, Perez suffered a back injury after slipping in the freezer at work. Despite obtaining a doctor's note outlining necessary restrictions, he alleges that Walmart failed to assist him with medical treatment or guide him on filing a workers' compensation claim. A subsequent foot injury in September further complicated his situation, yet again he received no support from his employer. Left to navigate the process alone, Perez initiated a workers' compensation claim in early October. Just one week later, on October 10, 2024, he was terminated from his position.
Perez contends that his termination was directly linked to his injuries and subsequent claims for accommodation and workers' compensation—actions allegedly against the wishes of his supervisors. The complaint accuses Walmart of multiple violations under California's Fair Employment and Housing Act (FEHA), including disability discrimination (Government Code §12900 et seq.), wrongful termination against public policy (§12940(a)), retaliatory termination, failure to accommodate (§12940(m)), failure to engage in an interactive process (§§12940(n)), and failure to prevent discrimination.
Seeking justice for what he describes as an egregious violation of employment rights, Perez is demanding substantial damages. His prayer for relief includes no less than $10,000 for lost past earnings and $30,000 for future earnings. He also seeks $25,000 for past emotional distress and $100,000 for future emotional distress. Additionally, Perez requests reasonable attorney's fees and costs under Government Code §12965(b), punitive damages according to proof presented at trial, and any other relief deemed appropriate by the court.
Representing Herzom Perez is Stephen M. Rinka from The Rinka Law Firm based in Beverly Hills. The case has been assigned Case No. 2024CUWT033611 in the Ventura Superior Court.