In a compelling legal battle, a former delivery driver is taking on his previous employer over allegations of workplace discrimination and wrongful termination. Hector Ochoa filed a complaint against White Cap Management, LLC in the Superior Court of California, County of San Francisco, on March 5, 2025. The lawsuit accuses the company of multiple violations including disability discrimination and failure to accommodate.
Hector Ochoa's story unfolds with his tenure at White Cap Management beginning in September 2019 as a delivery driver. Despite receiving excellent performance reviews and bonuses during his initial years, things took a drastic turn following workplace injuries he sustained in January and August 2023. Ochoa claims that after reporting these injuries and seeking necessary medical treatment, he faced discriminatory conduct from the management. The complaint details how the company allegedly refused to engage in an interactive process or provide reasonable accommodations for his disabilities. Furthermore, it outlines systemic wage violations where Ochoa was denied proper meal and rest breaks and was forced to falsify break records.
Ochoa's allegations extend beyond personal grievances; they highlight broader issues within White Cap Management's practices. The complaint asserts that the company's actions were not only discriminatory but also retaliatory, especially after Ochoa exercised his rights by filing workers' compensation claims. He describes being subjected to unfair disciplinary actions and heightened scrutiny compared to non-disabled employees. Ultimately, this culminated in what he argues was a pretextual termination in October 2023 under the guise of not wearing a seatbelt—an infraction for which non-disabled employees received more lenient treatment.
The legal framework supporting Ochoa’s case is robust. He cites violations under the California Fair Employment and Housing Act (FEHA) alongside several sections of the California Labor Code related to wage statements and break periods. His complaint includes eleven causes of action ranging from disability discrimination to unfair competition under California Business & Professions Code §17200.
Ochoa seeks comprehensive relief from the court: compensatory damages for lost wages amounting to no less than $66,857, payment for unpaid wages totaling at least $20,500, general damages for emotional distress, punitive damages for malicious conduct by White Cap Management's agents, statutory penalties including waiting time penalties no less than $6,000, as well as attorneys’ fees and costs incurred during litigation.
Representing Hector Ochoa are attorneys Leena Fana and Alexander Derval from RD Law Group APC based in Los Angeles. The case has been assigned Case No: CGC-25-623010 with Judge Sahar Enayati presiding over proceedings.