San Diego Employment Law Attorneys Josh Gruenberg and Colette Menaldino obtained a $300,000, (plus return of the job) settlement for age discrimination against Alvarado Hospital. The allegations arose out of Alvarado Hospital’s termination of the plaintiff, a 72 year old male who was employed by Alvarado Hospital for 41 years.
The plaintiff alleged that in December 2015, he was asked by his supervisor whether he was “planning to retire any time soon.” The plaintiff alleged despite saying he had no plans to retire, his supervisor forced him to go part time because “you’re the only pharmacist that can afford to go part time plus you are probably planning to retire in the near future anyway.” The plaintiff alleged that during the last six months of his employment, his supervisor made statements, “you will have to retire sometime anyway, you can’t work forever,” “my fear is you’re going to retire anytime anyways,” and told the plaintiff that now would be a good time for him to retire. The plaintiff alleged that he repeatedly told his supervisor that he did not have any retirement plans. Shortly prior to the plaintiff’s termination, he alleged that his supervisor suggested he “needs to retire now.” Ultimately, the plaintiff was terminated. The plaintiff alleged that Alvarado Hospital has a pattern and practice of discriminating against employees and prospective candidates with respect to their age.