A judge Friday ordered binding arbitration of the claims of a former Pep Boys worker who alleged in a lawsuit against the auto repair chain that he was forced to work while injured and fired in 2021 when he complained.
Los Angeles Superior Court Judge Mel Red Recana’s directive came in the wake of an agreement between plaintiff Edwin Morales and Pep Boys for binding arbitration of his causes of action. Recana put a stay on the case pending the outcome of the arbitration and scheduled a Feb. 5 hearing for an update on the process.
The judge will retain jurisdiction of the case in order to confirm, correct, vacate or enforce any arbitration award. The parties will pick an arbitrator and Pep Boys will pay for his or her services, including the initial filing fee as well as the administrative costs.
In the suit filed Jan. 31, Morales alleges his hours as a general service technician at the Van Nuys location were reduced and that he was wrongfully fired in February 2021 in retaliation for repeatedly complaining about being asked to lift tires despite being injured with shoulder and back pain.
When his hurting became unbearable, Morales informed Pep Boys, in hopes of receiving much needed care, the suit states. Instead, one boss told the plaintiff to “Suck it up” and that another said, “That is your job description. You have to.”
In their court papers, Pep Boys attorneys maintain Morales was fired for insubordination and that his allegations are meritless.