Suit Alleging Market Chain Used Caking Tradition To Justify Firing Settled

cake on face

Photo: Orbon Alija / E+ / Getty Images

LOS ANGELES (CNS) - A former assistant manager for a Superior Grocers store has settled his lawsuit against the supermarket chain in which he alleged he was wrongfully fired in 2021 for "caking" two female employees during a birthday festivity despite a longtime tradition of such celebrations at the store that continued after he left.

Ronald Parada's Los Angeles Superior Court lawsuit alleged wrongful discharge, retaliation, failure to prevent retaliation and a violation of the California Family Rights Act protecting family leave. On Tuesday, his attorneys filed court papers notifying Judge Richard L. Fruin that the case was resolved, but no terms were divulged.

In previous court papers submitted in March 2022, the attorneys said the parties had agreed to arbitrate rather than litigate the plaintiff's claims. The lawyers said in later papers that those proceedings were scheduled to begin in November.

Attorneys for the Santa Fe Springs-based company denied Parada's allegations and cited multiple defenses, including that the plaintiff's claims were barred by the statute of limitations.

Parada was hired in 2012 as an assistant store director and later advanced to the positions of co-director and in November 2016 to store director, according to the suit.

"Throughout plaintiff's employment with defendants, on birthdays and other celebrations, the employees celebrated by having cake and the person being celebrated would be `caked,' i.e. lightly hit in the face with some cake or whipped cream," according to the suit brought in December 2021.

While working for the company, Parada complained about alleged excessive work hours for managers and reported various state Labor Code violations to management involving, among other things, paid time off and the alleged keeping of incorrect time records, the suit stated.

Parada complained to supervisors in early 2020 that the company's time- keeping software was inaccurate and that employees were not receiving sick pay, according to the suit.

Parada went on medical leave in May 2020 after being injured when the car he was driving was hit from behind by a drunken driver, the suit states. Three months later, he requested medical and bereavement leave after his father died, according to the suit.

In mid-February 2021, Parada took medical leave again after his mother became ill, the suit states. Less than two weeks later, Parada was fired and was told the reason was his having "caked" the two female workers, the suit stated.

After Parada's firing, the "caking" tradition continued at the store, the suit stated. He believed the store's explanation for his termination was a pretext for his protests about his work hours, reporting management's alleged Labor Code violations and for requesting family leave, the suit stated.


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