A former employee has taken legal action against a major retail corporation, alleging wrongful termination and discrimination. On April 3, 2025, Mario Penate filed a complaint in the Superior Court of California for the County of Ventura against Wal-Mart Associates, Inc., Walmart Inc., and unnamed defendants. The lawsuit accuses the defendants of age discrimination, harassment, retaliation, and wrongful termination in violation of California's Fair Employment and Housing Act (FEHA) and other state laws.
According to the complaint, Mario Penate worked for Walmart from May 11, 2019, until his alleged wrongful termination on November 13, 2023. At the time of his dismissal, Penate was 65 years old and claims he was one of the oldest employees at his location. He alleges that after a new manager was appointed about a year before his termination, he faced increased scrutiny and hostility. His key access to certain areas was revoked without explanation, and his complaints about workplace issues were ignored.
The situation worsened when Penate's wife required hospitalization and brain surgery in September 2023. Penate informed Walmart management about his wife's medical condition and requested leave under the California Family Rights Act (CFRA) to care for her. Despite notifying his employers about these circumstances, Penate claims he was penalized with attendance points for taking time off to be with his wife. This accumulation of attendance points was later cited as the reason for his termination.
Penate believes that younger employees were treated more favorably than him and that his dismissal was pretextual. He asserts that Walmart violated several provisions of California law by discriminating against him based on age and retaliating against him for exercising his rights under CFRA.
In response to these allegations, Penate is seeking various forms of relief from the court. He demands general damages exceeding $35,000 for lost earnings and emotional distress caused by the alleged discrimination and retaliation. Additionally, he seeks punitive damages due to what he describes as willful misconduct by Walmart’s managerial staff. Furthermore, Penate requests a permanent injunction preventing Walmart from engaging in discriminatory practices in the future.
The case is being handled by attorneys Vadim Yeremenko and Alex Hadjian from Licata & Yeremenko Law Corporation on behalf of Mario Penate. The case is filed under Case No. 2025 CLI wTod1 5aq in Ventura Superior Court.