In a gripping legal battle that highlights issues of workplace discrimination and retaliation, Kelvin Garcia has filed a lawsuit against his former employers, Four-Tech Glass, Inc. and Barrett Business Services, Inc., in the Superior Court of California, County of Ventura on January 14, 2025. The complaint alleges a series of unlawful actions taken by the defendants against Garcia following a work-related injury.
Kelvin Garcia's lawsuit is rooted in events that began in November 2022 when he sustained a back injury while working as a glazier for Four-Tech Glass, Inc. and Barrett Business Services, Inc. Despite notifying his employers and requesting assistance with workers' compensation forms, Garcia claims his supervisor deliberately withheld the submission of these forms to the appropriate authorities. This lack of action left him without necessary medical support and exacerbated his condition. Upon returning to work with medical restrictions after a two-week leave advised by his healthcare provider, Garcia alleges that he faced immediate retaliation. His work hours were significantly reduced in December 2022 and further cut down by January 2023. Ultimately, he was terminated on February 14, 2023, under what he describes as false pretenses since the company soon hired additional employees.
Garcia's complaint accuses Four-Tech Glass and Barrett Business Services of multiple violations under California's Government Code §§12940 et seq., including discrimination based on disability or perceived disability, failure to prevent such discrimination and retaliation, failure to provide reasonable accommodations or engage in an interactive process for accommodation requests. He also claims wrongful termination in violation of public policy and seeks declaratory judgment against the discriminatory practices he faced. "Defendants discriminated against Plaintiff by reducing his work hours and terminating his employment based upon his disability/medical condition," states the complaint.
The plaintiff is seeking compensatory damages exceeding $500,000 for lost wages and benefits along with general damages for emotional distress caused by the alleged wrongful acts. Additionally, Garcia demands civil penalties amounting to no less than $10,000 under Labor Code §1102.5 for retaliatory actions taken against him after reporting workplace violations related to his injury claims. Furthermore, punitive damages are sought to punish the defendants' conduct described as "despicable" and carried out with conscious disregard for Garcia’s rights.
Representing Kelvin Garcia are attorneys Liliuokalani Martin and Stephen J. Duron from Downtown L.A. Law Group LLP. The case is presided over by Judge Tada L. Pelpaocarial at Ventura Superior Court under Case No: 2025 CLNWT OS F132.