FOR IMMEDIATE RELEASE
62 Year Old, African-American Former Branch Manager Files Racial Discrimination Lawsuit Against Terminix, a Subsidiary of ServiceMaster: Suit Highlights Wrongful Termination, Age Discrimination, Race Discrimination, Failure to Prevent Discrimination, Retaliation, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress and Statutory Unfair Competition
EL SEGUNDO, CA (September 9, 2017) — Ernest “E.J.” Walker, a 62 year old African American, filed suit this month in San Francisco Superior Court against Terminex International Company L.P. (Terminex) and ServiceMaster Global Holdings, Inc. (“ServiceMaster”), ticker symbol “SERV”, a publicly traded Fortune 1000 company that provides residential and commercial services. The suit accuses Terminex and ServiceMaster of wrongful termination, age discrimination, race discrimination, failure to prevent discrimination, retaliation, intentional infliction of emotional distress, negligent infliction of emotional distress and statutory unfair competition.
According to the suit, Ernest was a loyal employee of Terminex for over twelve years. Prior to his alleged wrongful termination, he had performed exceptionally well, leading the company’s “largest branch in the western division” (Alameda, Contra Costa, San Francisco, San Mateo and Santa Clara) to “record revenue and profits”. When his supervisor left, E.J indicated his interest in the job. Instead of being considered for the promotion, Terminix told him that he would not be considered “based on his performance”, and Terminix hired a white male. Shortly thereafter the new white supervisor inexplicably gave him a “written warning” and thereafter his new white supervisor put him on a “a performance improvement plan claiming E.J. was not meeting expectations”.
Ernest “refused to sign the performance improvement plan” and ultimately “filed an ethics complaint” against his new supervisor. Yet, “[t]he same people who gave E.J. his performance review, were tasked with investigating the review”. Terminix placed him on a second performance improvement plan, and followed that with a termination for alleged “performance deficiencies”.
The lawsuit, filed in San Francisco County Superior Court, seeks damages for lost wages, special damages including loss of income and benefits and medical expenses, interest, punitive damages, and attorneys’ fees and costs. Terminix has since removed the case to the United States Federal District Court, Northern District of California. Click here for a copy of the Complaint.
“We’re eager to commence discovery to determine why Terminix failed to consider an apparently exemplary employee for promotion. We’re interested to discover whether our the Company’s stated reasons for termination are legitimate and non-discriminatory, or merely a pretext for unlawful age-based, race-based discrimination and retaliation. We are also curious to learn what actions, if any, that the company took, once it was on notice of E.J. complaints.” says Chris Adishian.
About Adishian Law Group, P.C.
About Adishian Law Group, P.C. Adishian Law Group (https://adishianlaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of December 2016, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 10 foreign countries in over 520 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.
For more information about this case, contact Chris Adishian: