VAN NUYS (CNS) - A former Home Depot USA Inc. worker dropped his lawsuit against the chain in which he alleged he was wrongfully fired in 2020 because of his age and due to a false accusation by a colleague that he had disparaged a customer who was a supporter of President Donald Trump.
Plaintiff Mitchell Hyams' attorney, Gavril Gabriel, filed court papers on Friday with Van Nuys Superior Court Judge Bernie LaForteza asking that his client's case be dismissed ``with prejudice,'' meaning it can't be revived later. The court papers do not state if a settlement was reached or if Hyams is not pursuing the case for other reasons.
Hyams, now 65, sued on Jan. 5, alleging wrongful termination, age discrimination, retaliation and unfair and unlawful business practices. He sought unspecified compensatory and punitive damages.
In her court papers, Home Depot attorney Amber Solano said the Tarzana resident was fired for violating the company's mutual respect policy after he made offensive remarks to a customer.
Hyams was hired to work in the plumbing section of the Woodland Hills home improvement store in November 2019. The London-born Hyams' accent made him a favorite with customers and he was one of the oldest employees at the store, according to the suit.
Hyams was counting customers as part of his job on June 6, 2020, when a man leaving asked if there had been any problems at the store, the suit stated.
When Hyams replied that there had not been any issues, the customer told the plaintiff, ``You have Trump to thank for all this and you have Trump to thank for this job today,'' the suit stated.
Hyams replied, ``You must be a Republican,'' the suit stated.
The man showed a cap indicating he was a Vietnam veteran and Hyams said in response, ``Thank you for your service,'' the suit stated.
A week later, Hyams was called in to a meeting with the store manager, who told Hyams that another store employee had heard him use the terms ``(epithet) Republican'' and ``toy soldier'' in reference to the customer who was a Trump supporter, the suit stated.
Hyams said that ``no such comments had come out of his mouth,'' the suit stated. However, the manager fired Hyams four days later, citing his alleged remarks about the customer, according to the suit.
The store never fully investigated the incident to get a full account of what happened, according to the suit. The store hired two people in their 20s to replace Hyams, the suit stated.
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