A former Advanced Auto Parts Inc. salesman is suing the aftermarket provider, alleging he was wrongfully fired in 2023 after he complained that he was being forced to work in conditions that did not adhere to restrictions placed on him after being seriously injured in an on-duty traffic accident a year earlier.
Bernardo Pereira's Los Angeles Superior Court lawsuit allegations include discrimination, harassment, whistleblower retaliation, failure to accommodate and engage in the interactive process, intentional infliction of emotional distress and various state Labor Code violations.
Pereira seeks unspecified compensatory and punitive damages. An AAP representative did not immediately reply to a request for comment on the suit brought Friday.
Pereira, hired as a salesperson at the Lancaster store, was delivering parts in December 2022 and was hit from behind by another vehicle, injuring him so severely that he and was placed on medical leave for a month, the suit states.
When Pereira returned to work, his supervisors refused to adhere to work restrictions placed on the plaintiff by his doctor, according to the suit, which also alleges Pereira was denied 10-minute rest breaks to which he was entitled.
One of the bosses became hostile to Pereira after he complained, according to the suit, which also states that both supervisors retaliated by inundating him with work while accusing him of faking his injury in order to do less.
"Pereira, who was forced to painfully perform his job duties, found these comments to be extremely offensive," the suit states.
The plaintiff additionally spoke out that one of his bosses was altering Pereira's time card in order to deny him "premium" pay after working more than five hours, the suit states.
The supervisors' alleged harassment of Pereira continued throughout the summer of 2023 and culminated with management sending the plaintiff a letter of termination in September of that year, stating that AAP deemed Pereira's medical condition permanent and that he could not be accommodated, the complaint alleges.
Pereira has suffered lost income as well as emotional distress and humiliation since losing his job, according to the suit.