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Plaintiff alleges wrongful termination against former employer accused of age and race discrimination

NORTHERN CALIFORNIA RECORD

Tuesday, April 15, 2025

Plaintiff alleges wrongful termination against former employer accused of age and race discrimination

State Court
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Superior Court of California - County of San Francisco | Official website

Terry Davis, a long-time employee of a major corporation, has filed a lawsuit alleging age and race discrimination following his termination. On April 3, 2025, Terry Davis filed the complaint in the Superior Court of California for the County of San Francisco against International Business Machines Corporation (IBM).

Davis, a 63-year-old African American male, had been employed by IBM since 1984. He claims that despite his exemplary performance and recognition as a top performer within the company, he was wrongfully terminated due to discriminatory practices based on his age and race. The complaint details how Davis was not only one of IBM's most seasoned employees but also its only African American Human Resources Business Partner (HRBP) in California. Despite receiving numerous accolades and consistently high performance reviews, Davis was informed that he was "not a fit" for the new HR model—a reason he believes is pretextual.

The complaint outlines several instances where Davis felt marginalized due to his race and age. In March 2023, it became apparent that certain actions were being taken without his knowledge or involvement, signaling to him that his termination was imminent. When notified of his layoff in April 2023, it was communicated that the decision was not performance-based but rather due to an alleged lack of fit with the new HR structure—an explanation that shifted multiple times during discussions with management.

Davis contends that younger and less experienced colleagues were retained while he faced termination. His attempts to transfer locations to maintain employment were ignored by management. Additionally, he alleges that other older employees were similarly targeted during layoffs.

The lawsuit accuses IBM of violating several laws including the Fair Employment and Housing Act (FEHA), which prohibits discrimination based on age and race. It also charges IBM with failing to prevent discrimination and engaging in unfair business practices under California law.

Davis seeks compensatory damages for lost wages and benefits exceeding $35,000 along with punitive damages for emotional distress caused by what he describes as intentional infliction of emotional distress by IBM's discriminatory conduct. The complaint also demands attorney fees and costs associated with the lawsuit.

Representing Terry Davis are attorneys Ariel Yamin from Yamin Law APC and Michael Y. Yadegaran from Avenue Law APC. The case is identified as CGC-25-624020 in the Superior Court of California for San Francisco County.

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