A former TPx Communications accounts manager who sued the company and other entities that jointly employed him, alleging he was wrongfully fired in 2021 due to his age and for taking time off while sick with the coronavirus, has settled his lawsuit.
Lawyers for the companies and plaintiff Jose Duran informed Los Angeles Superior Court Judge Randolph Hammock of the accord during a post-arbitration status conference on Friday. In August 2023, Hammock granted a defense motion to compel arbitration of Duran’s causes of action, which included disability, age and family leave discrimination, harassment, retaliation and intentional infliction of emotional distress.
No settlement terms were divulged and Hammock scheduled a Dec. 5 hearing on why the case should not be dismissed.
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 stated.
Duran, now 53, was 50 years old at the time of his firing. He took time off after he contracted the coronavirus in December 2020 with initially moderate to severe symptoms that developed into serious respiratory problems, the suit stated.
Duran had asthma and was pre-diabetic, which affected his job, his breathing and his walking, the suit filed in May 2023 stated. 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 stated.
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, which further stated that during the following month the company’s human resources manager sent an email to Duran, on leave at the time, saying that he had abandoned his job.
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 stated.
Instead of trying to work with him, the company fired Duran, who believes he was replaced by a younger employee, the suit stated.
Can I have the law firm representing Duran same thing happened to me