Iraq Veteran Claims Discrimination, California Labor Law Violation


Turlock, CA Marcel suffered a brain injury during his tour of duty in Iraq (his humvee hit a roadside bomb). Being honest, he disclosed this information on his application for security work at a local hospital. Marcel was hired but then got pulled from the schedule. Marcel believes he was discriminated against due to his injury, which is a violation of the California Labor Law.

Before Marcel could work as a security guard he was required to attend two orientations with hospital staff. The second class was cancelled; when Marcel phoned to verify the time and location, no one answered.

"I tried calling my supervisor then the district office and finally, two days later, I got a call from the district manager," says Marcel. "Now this part gets rather confusing: He made some inquires and apparently the hospital blew me off but this guy said I could get a security job with another company - he was like a sub-contractor."

Marcel was asked if he had any limitations and, again, honestly disclosed his brain injury. "I get migraines a few times a week, which limits my work and my eyes get light-sensitive," Marcel explains. "He asked if the supervisor at the hospital knew about my limitations and yes, the hospital was aware of my situation. I was hired to work the following Monday - I just had to sit in an office and watch the security cameras, and I could get someone to relieve me if I got a migraine."

Come Monday morning, Marcel got a call - he was pulled from the schedule due to his injury. This was devastating news - and why was Marcel promised work, only to be discriminated against - which goes against the California labor code?

Marcel does collect Veteran's disability benefits, which amounts to $3,200 per month - but he has a family to support; his wife is epileptic and unable to work, and his son is autistic. Marcel really needed this job.

He recently had a court hearing to apply for social security disability but was denied because he has a college education. "According to the Social Security Administration my disability is irrelevant to my education," Marcel explains, "but I just got a new evaluation from the VA, and due to nerve damage on my face and migraines, I am house-bound.

"I would like to make a California labor law discrimination claim against the security company. Why did they lead me on?" Why, indeed.

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