Caught Between Policy and Safety: Former Home Depot Employee Sues for Age Discrimination

Navigating the complexities of workplace dynamics and company policies can be daunting, especially for older employees who may face age-related biases. A 72-year-old cashier at a Home Depot in San Ramon, California, was fired after an aggressive customer pressured her into completing a fraudulent transaction. Now, she is pursuing legal action against her former employer, accusing management of using a potentially unsafe workplace incident as a pretext for firing her based on age.

Home Depot fired Carleen Acevedo, 70 at the time, for failing to prevent $5,000 in fraudulent transactions at the store. According to the lawsuit, the employer showed a disregard for worker safety during “a time when smash-and-grab robberies were rampant” in the area. Management was allegedly ready to use any excuse to fire Acevedo after she complained about wage-based age discrimination. 

On July 14, 2023, Acevedo was working alone in the store’s busy garden center. A customer approached with a debit card that required processing as a cash transaction, which can raise red flags for fraud. After completing the purchase for just over $1,300, the cashier felt uneasy about the interaction but proceeded cautiously.

When the same customer returned to make another big purchase with the suspicious card, Acevedo’s instincts told her something was wrong. Attempting to follow company protocol, she tried to call a manager or head cashier for help, but none were available. Faced with no support and mounting concern, she informed the customer that she could not complete the transaction without approval.

Acevedo said the customer then became “demanding,” aggressive and angry. Terrified for her safety, she completed the transaction and printed a duplicate copy of the receipt to show her manager later.

Four days after the incident, Acevedo was fired for alleged negligence and violating Home Depot’s performance standards. However, she had simply followed company policy that stated workers were not supposed to stop customer theft. Three months earlier, a shoplifter had fatally shot a loss prevention officer at a nearby Home Depot in Pleasanton, a story Acevedo knew of.

The lawsuit questions the timing of Acevedo’s termination and claims she was fired after complaining about wage-based age discrimination. During her seven years at Home Depot, she was recognized multiple times for exceptional service, even receiving an award in 2021. However, a few months before the theft incident, she had learned that a newly hired teenager was getting higher pay than her.

When Acevedo complained to management, she eventually got a pay raise. Yet, the employer did not update her on the result of any investigation into her age discrimination complaint.

The cashier argues that her firing was not just an isolated response to the incident but rooted in age discrimination and inadequate workplace support. Acevedo filed a lawsuit against Home Depot in Contra Costa County Superior Court, alleging age discrimination, wrongful termination, retaliation and emotional distress. She is seeking an unspecified amount of compensatory and punitive damages.

Age discrimination is prohibited under both federal and California state laws. The federal Age Discrimination in Employment Act protects workers aged 40 and older from unfair treatment based on age, while California’s Fair Employment and Housing Act adds further safeguards. Employers are required to treat employees fairly without making discriminatory employment decisions based on a worker’s age. Additionally, workplaces must provide an environment where workers feel supported in reporting discrimination or other related issues.

Employees have the right to voice safety concerns, especially when working conditions may put them at risk. There was also nothing wrong with Acevedo asking her employer for a raise as per her years of experience working at Home Depot. Additionally, when a worker reports on-the-job discrimination, employers have a legal duty to investigate the complaint.

Workers who suspect they have faced age discrimination, wrongful termination or other unlawful treatment have avenues to pursue justice and compensation. The San Francisco employment lawyers at McCormack Law Firm can provide valuable guidance in understanding rights and taking appropriate legal action. Contact us today for a free initial consultation.