The Plaintiff: Freem v. The Superior Court

The plaintiff in the case, Mitchell Freem, worked for FedEx for 18 years, starting as a part-time material handler loading packages and ending his career as a senior vehicle technician for Federal Express Corporation (FedEx), reporting to Fleet Manager Andrew Sweet. Freem filed a California employment law complaint alleging Sweet harassed, discriminated against, and retaliated against him because of his age. Freem also claimed FedEx wrongfully terminated his employment.

The Defendant: Freem v. The Superior Court

The Defendant in the case, FedEx, also faces allegations that Freem’s employment was wrongfully terminated in May 2018. Freem claims that FedEx’s reasons for terminating his employment were a pretext for age discrimination and Freem’s reporting of unlawful conduct in the FedEx workplace. FedEx claimed they terminated Freem’s employment due to falsified time cards, repair orders, and DOT PM forms that indicated completed work on specified FedEx vehicles that he had not performed. Freem claims his handling of the documentation was a direct result of instruction and harassment from his supervisor. FedEx argued there was no evidence supporting Freem’s wrongful termination claim that FedEx’s reasons for terminating his employment were untrue. The Defendant also argued that the internal complaint lodged by Freem regarding Sweet’s behavior listed multiple comments the supervisor made, and none were based on age and did not seem severe enough to be considered harassment. FedEx claims Freem failed to present evidence of harassment or discrimination and that following Freem’s internal complaint, the company investigated and found no evidence of harassment, discrimination, or workplace retaliation. The company further claims that it took reasonable steps to prevent such actions.

The Case: Freem v. The Superior Court

In May 2022, FedEx and Sweet moved for summary judgment, each seeking judgment in their favor on the employment law complaint. Freem appealed the trial court’s decision, claiming the court incorrectly granted summary adjudication on his claims for age discrimination, harassment based on age, failure to prevent discrimination, harassment, and retaliation.

On Appeal: Freem v. The Superior Court

On appeal, the court found that Freem presented no evidence that any harassment was based on Freem’s age, that Freem did not come close to carrying his burden of presenting evidence supporting claims that age discrimination motivated his termination of employment and that the record does not show any evidence that FedEx intentionally discriminated based on age. It was noted that while the Defendant submitted various evidential pieces to refute claims of discrimination and harassment and support the stated reasons behind the firing of Freem, Freem failed to provide any evidence to the contrary other than vague declarations. For example, Sweet reviewed security video of the shop where Freem worked and compared it to the entries on Freem’s time cards with an Excel spreadsheet documenting the discrepancies he noticed. Freem stated that the discrepancies could be explained by a standard policy/practice of supervisors encouraging techs to alter their billing to eliminate “fluff” and calling the evidence into question by pointing out that the video itself was no longer available for verification. However, he did not provide evidence to contradict the defense’s claims. The appellate court found that Freem’s harassment and discrimination claims were not viable based on the evidence provided and that the trial court was correct in granting FedEx and Sweet’s motion for summary adjudication regarding the FEHA claims.

If you have questions about filing a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys can help you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.