Fixed Ops Journal - February 2022 - F8

FIXED OPS JOURNAL
LEGAL LANE
Ex-service manager alleges
wrongful termination in lawsuit
A 58-year-old former service manager has
sued a California Toyota store, alleging age
discrimination and wrongful termination. He
claims he was replaced by the dealer's
less-qualifi ed 32-year-old grandson.
Toyota of Glendora denied the allegations in
a Jan. 4 fi ling in Los Angeles County Superior
Court.
David Davey said the store hired him in 1996
and paid him almost $200,000 a year in base
rate salary, commission and benefi ts.
Early in the pandemic, the dealership laid
off " most if not all " service, parts and sales
employees and later brought back " the overwhelming
majority " - but not Davey, according
to the suit.
When he inquired about his status, dealer
Murrey Seidner allegedly said he might go
without a service manager " for a while, " although
Toyota USA regulations require a designated
service manager.
Seidner's grandson had no experience as a
service manager and " lacked the same level of
experience and qualifi cations " as Davey, the
suit claimed.
Lawsuit accuses auto group of
gender, pregnancy discrimination
A former parts specialist is suing a Pennsylvania
dealership group, alleging gender, disability
and pregnancy discrimination.
Th e same day Kaylee Dressel learned of her
pregnancy in July 2020 - three days after beginning
work at C. Harper Chrysler-Dodge-JeepRam
in Connellsville - she was assured her job
would not be in jeopardy, according to the federal
court complaint. Th e store belongs to C. Harper
Auto Group, which disputes the allegations.
Dressel experienced physical problems and
began maternity leave a month earlier than
planned, the suit said. But two weeks later, the
store's human resources director told Dressel
she didn't qualify for the Family and Medical
Leave Act because she hadn't worked there
one full year. When she attempted to return to
work 12 weeks after starting maternity leave,
she was told her job was fi lled.
A dealership lawyer declined to comment,
but the group's Jan. 24 court fi ling said Dressel
didn't return after maternity leave " because
there were no open positions " she was qualifi
ed for and she declined to apply for openings
at the group's other dealerships.
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Interest News
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Arbitration ordered in job-related
dispute alleging discrimination
A federal judge has ordered arbitration in a
race- and sex-discrimination suit by a used-vehicle
reconditioning manager, ruling the arbitration
agreement Anthony Woodard signed
with Flowood Mac Haik Chrysler-Dodge-JeepRam
can be enforced in a job-related dispute.
Th e Mississippi store hired Woodard, who is
Black, in 2016 as a service adviser, then promoted
him four years later to used-car reconditioning
manager, the suit said. In March 2021, the service
manager allegedly off ered him a service adviser
position, which Woodard rejected as a demotion.
He was terminated the next day and replaced by a
white woman. Th e suit claims management refused
to rehire him but did bring back two white
employees who had also been fi red.
When Woodward fi led his initial Equal Employment
Opportunity Commission complaint,
Flowood Mac Haik responded that he
had been warned to expedite his reconditioning
rate and said he had ordered replacement
parts from third-party vendors without the
general manager's approval.
- Eric Freedman
foj@autonews.com
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Fixed Ops Journal - February 2022

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