Screen Readers Skip to Content
Tweet Facebook Buffer

Albertson's Grocery Store Not So Thankful to Employee with Brain Tumor

Author: Abrolat Law pc : Contact: firm@abrolatlaw.com

Published: 2014-12-04

Synopsis and Key Points:

Albertsons grocery chain discriminated based on physical disability by firing employee for reasons related to his brain tumor.

Main Digest

Albertson's grocery chain discriminated based on physical disability in violation of California's Fair Employment and Housing Act, by firing a thirty four year employee for reasons related to his brain tumor, as alleged in the employee's lawsuit against the store.

David Rubalcaba worked for Albertson's for over three decades. During his tenure with the store, he made every effort to make a difference for customers, and he thought he had proven himself a valued employee of the grocery chain. However, after 34 years of employment, Mr. Rubalcaba was terminated for purportedly "stealing empty boxes" when he took home discarded display crates as documented by the store's surveillance cameras.

Mr. Rubalcaba's former customers still gush about his services even after a year of his termination. A former customer Neil Rasmussen states that he has "taken his business to a competitor since David is no longer there." As an owner of a marketing company, Rasmussen believes Mr. Rubalcaba is a "shining example of good customer service." He states, "David was always upbeat, seemed to be excited about his job at Albertson's and made sure he said 'hello' to every customer as they passed his work area ... in fact [David] was Albertson's." A retired Law Enforcement Officer, Van Wyd Norman, who used to be a loyal customer of Albertson's, also states that everything changed after what they did to Mr. Rubalcaba. Mr. Norman learned of the company's outrageous reason for terminating Rubalcaba by talking to the employees who were disturbed by what happened to Mr. Rubalcaba. Mr. Wyd states, "Dave was respected by co-workers and customers alike always going the extra mile." According to Mr. Norman, "David simply had a different work ethic than his contemporaries, and the store was never the same after David's sudden departure."

Mr. Rubalcaba joined Albertson's in 1980 and worked in the produce department where he consistently received high praises and accolades from the management and customers alike. However, his years of dedicated service to the store was completely disregarded when Mr. Rubalcaba was terminated for taking home discarded display crates even though it is an acknowledged, common practice to take home used, empty boxes. After a negligible investigation, an unpaid suspension, and an ineffective consultation with his union representative, Mr. Rubalcaba was fired for taking empty, used crates he had already been ordered to discard. This shocked Mr. Rubalcaba, who had no serious instances of discipline during his thirty year career with the grocery chain.

This Holiday Season, Mr. Rubalcaba - unable to find a new place of employment - will pass time waiting for his day in court. Albertson's still maintains that taking used, discarded boxes is an appropriate basis for terminating an employee. Mr. Rubalcaba believes the incident with the crates is pretext for an illegal basis for depriving him of his career and livelihood. Specifically, he believes that his supervisors' decision was motivated by their desire to rid themselves of an employee with a serious medical condition. Mr. Rubalcaba has filed a civil complaint consisting of eight causes of action against Albertson's LLC in Los Angeles Superior Court. The case is being handled by Employment Attorney Nancy Abrolat of the Abrolat Law pc.

Related Documents


Important:

Disabled World is strictly a news and information website provided for general informational purpose only and does not constitute medical advice. Materials presented are in no way meant to be a substitute for professional medical care by a qualified practitioner, nor should they be construed as such. Any 3rd party offering or advertising on disabled-world.com does not constitute endorsement by Disabled World.

Please report outdated or inaccurate information to us.