A former TPx Communications accounts manager Thursday sued the company and other entities that jointly employed him, alleging he was wrongfully fired in 2021 because he is in his 50s and he took an extended leave of absence after contracting the coronavirus.
Jose Duran’s Los Angeles Superior Court lawsuit allegations include disability, age and family leave discrimination, harassment, retaliation and intentional infliction of emotional distress. He seeks unspecified compensatory and punitive damages.
A representative for the managed services provider did not immediately reply to a request for comment.
Duran, of Riverside County, was hired as an accounts manager in July 2015. TPx provides IT management services dealing with the Internet, cloud communications and cybersecurity. Duran managed customer accounts, provided customer support, made onsite visits and performed other tasks to enhance retention and sales growth, with most of his work done in Los Angeles County, the suit states.
Duran, now 51, was 50 years old at the time of his firing. He took time off after he contracted the coronavirus in December 2020 with initial moderate to severe symptoms that developed into serious respiratory problems, the suit states.
Duran had asthma and was pre-diabetic, which affected his job, his breathing and his walking, the suit states. He also allegedly began to experience extreme anxiety, depression and other symptoms requiring him to seek professional care.
Duran was placed on leave by his medical doctors, which was extended to May 2021 and each time he provided the company with notes documenting his condition, the suit states.
In early March 2021, management held an employee meeting and said all workers on a leave of absence could be fired, according to the suit.
In April 2021, the company’s human resources manager sent an email to Duran, on leave at the time, saying that he had abandoned his job, the suit states. When Duran protested that management knew he was on medical time off, the manager admitted that the company was firing anyone who was on a leave of absence of more than 90 days, the suit states.
Instead of trying to work out something with him, the company fired Duran that month. He alleges he was replaced by a younger employee.