A former employee has filed a lawsuit against a major automotive company, alleging multiple violations of employment law. On February 13, 2025, Javier Ibarra Serna filed a complaint in the Superior Court of California, County of Ventura, against BMW of North America, LLC and several individuals associated with the company. The lawsuit accuses BMW and its employees of discrimination based on physical disability, creating a hostile work environment, retaliation, harassment, wrongful termination, and numerous wage and hour violations.
Javier Ibarra Serna worked for BMW since around 2013 as a maintenance worker. His duties included cleaning and running errands while earning $31.32 per hour. The problems began on October 30, 2024, when Serna suffered a back injury at work that resulted in physical restrictions imposed by his physician. Despite providing these restrictions to BMW, the company allegedly failed to accommodate his disability appropriately. Instead of offering support or adjustments to his role as required by law under Government Code §12940(m), BMW reportedly sent him home initially and later subjected him to harassment upon his return.
Serna's complaint details how he was followed by supervisors during breaks and unfairly reprimanded for minor issues. This treatment led to severe stress attacks requiring hospitalization. The plaintiff believes this conduct was intended to force him out due to his disability. After declining an offer from BMW's HR department to resign for $20,000 in late October 2024, Serna was terminated two weeks later on November 8th.
The lawsuit also claims that BMW failed to pay overtime wages as mandated by California Labor Code §§510 and 1194 and did not provide proper meal or rest breaks as required by law. Additionally, it alleges failure to reimburse business expenses under Labor Code §2802 and other labor code violations related to maintaining accurate wage statements and allowing inspection of employment records.
Serna seeks compensatory damages for lost wages and benefits amounting to at least $180,403.20 for unpaid overtime alone. He is also claiming emotional distress damages totaling $1 million due to the alleged discrimination and harassment experienced at BMW. Furthermore, punitive damages are sought for what Serna describes as malicious conduct by the defendants.
Represented by attorneys Kevin A. Lipeles, Thomas H. Schelly, and Shana L. Villoria from Lipeles Law Group APC based in El Segundo, California; Serna demands a jury trial seeking justice for what he perceives as egregious violations of both state labor laws and public policy protecting disabled workers from discrimination.
The case is presided over by judges at the Ventura Superior Court under Case No.: 2025 CUVYWT O382704 with Lipeles Law Group representing Javier Ibarra Serna against defendants including Juan Gonzalez (a former supervisor), Scott Fitzpatrick (a manager), Jesus Doe (a pieces supervisor), among others yet unidentified ("Does 1 through 100").