A former truck driver for a wholesaler and distributor of fruits and vegetables has tentatively settled his lawsuit against the company in which he alleged he was wrongfully fired in 2022 shortly after management learned he had been hospitalized for nearly having a stroke.
Ariel Alfaro’s Los Angeles Superior Court lawsuit, filed against Maui Fresh International LLC and employment staffing agency Man Staffing LLC, also included claims of retaliation, disability discrimination, failure to provide accommodations and engage in the interactive process as well as various state Labor Code violations.
On Sept. 9, Alfaro’s lawyers filed court papers with Judge Tony L. Richardson notifying him of a “conditional” accord in the case with the expectation a request for dismissal will be filed by Jan. 12. No terms were divulged.
In their previous court papers, Maui Fresh attorneys denied Alfaro’s allegations, said they were barred by the statute of limitations and that any actions taken concerning him were done for lawful reasons.
Maui Fresh’s main office is in Los Angeles and its warehouse is in Vernon. Alfaro was hired by Maui Fresh through Man Staffing as a truck driver in November 2021 and four months later his truck was hit by another vehicle while driving from Anaheim to Los Angeles, causing enough damage to the truck that it needed to be towed, the suit stated.
Alfaro reported the accident to his supervisor, who did not ask if the plaintiff was hurt or send anyone to the scene, where Alfaro waited for a tow truck, the suit stated.
Although Alfaro worked 15 hours that day, he was only paid for eight hours and he was ignored when he complained, his suit alleged.
In late April 2022, Alfaro felt both fatigue and numbness in his hands while at work and two days later he went to a hospital emergency room, where doctors determined that he was about to have a stroke, the suit stated. Despite his condition, Alfaro was able to text his boss that he could not go to work that day, the suit stated.
Rather than show any concern for Alfaro, the supervisor asked about the keys to the company truck so that another employee could use it, the suit stated. Alfaro told his boss that the co-worker had already obtained the keys, the suit stated.
After his release, Alfaro was put on medical leave through early May 2022, after which he could return to work with modified duties, the suit stated.
Alfaro called his boss to let him know he had left the hospital and about his work restrictions, but the supervisor did not answer his call and Man Staffing called him later that day to tell him Maui Fresh “did not want him back at work,” the suit filed in August 2023 stated.
Alfaro was fired in late April 2022 and because Maui Fresh never reported the March 2022 traffic accident to the Department of Motor Vehicles, the plaintiff’s driver’s license was suspended, causing him significant distress and forcing him to incur expenses for which Maui Fresh never reimbursed him, the suit stated.
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