An arbitrator has ruled against a former longtime Mattel HQ Inc. worker who alleged that in 2022 his job duties were gradually given to new employees who were younger and paid less before he was wrongfully fired that year because of his age.
Jose Arrellano’s Los Angeles Superior Court lawsuit alleged wrongful termination, age discrimination and failure to prevent discrimination. Arrellano sought a total of more than $600,000 in compensatory and punitive damages.
In October 2023, Judge Douglas W. Stern approved an agreement between Arrellano to refer the case to binding arbitration. On Sept. 10, the arbitrator, retired Judge Katherine Chilton, ruled in favor of Mattel on all three causes of action.
“The evidence is undisputed that (Arrellano) failed to perform competently and was terminated for that reason,” Chilton wrote. “Accordingly, (Arrellano’s) age discrimination claim fails as a matter of law due to his failure to present evidence to support a prima facie case.”
Arrellano was hired in October 1997 and was more than 60 years old when terminated. He was a lead development program management associate and his duties included managing Mattel projects through production while working with design, marketing and manufacturing teams. His annual salary was $130,000.
“For over 25 years, plaintiff successfully completed the job duties of all the job positions he occupied…,” the suit filed in August 2023 stated.
Mattel often promoted Arrellano and he was given about a dozen salary increases after good merit reviews and he was the winner of eight incentive awards.
However, in 2022, Mattel hired about four new employees for the exact same position that Arrellano had and they ranged in age between the mid-20s and early 30s and were paid substantially less than the plaintiff, according to the suit.
Soon thereafter, Arrellano’s manager started telling the plaintiff to work “quicker” and that he was “too slow,” and “inefficient,” the suit stated.
Mattel also chose one of the younger employees to travel internationally to conduct company business, a job previously assigned to Arrellano, the suit alleged.
Mattel terminated Arrellano in December 2022 and told him it was due to his work performance, but the plaintiff contended that he lost his job because of his age.
Mattel attorneys are asking Judge Stephen P. Pfahler to confirm the arbitrator’s ruling at a date to be determined.