A worker at Hilmar Cheese in northwest Merced County has sued the company, claiming it violated his workers’ rights and wrongfully denied him access to unemployment benefits. The lawsuit alleges that after suffering a back injury, Victor Cruz was moved from the Family and Medical Leave Act designation to a Medical Leave of Absence designation, which offers no job protection. The company also allegedly failed to follow the legally required interactive process to determine whether Cruz could be accommodated on his return to work, ultimately leading to his termination.

According to Cruz’s attorney, Michael Kent, the company falsely reported to the Employment Development Department (EDD) that Cruz had left voluntarily, making him ineligible for unemployment pay. This situation, coupled with Cruz’s inability to secure another position within the company due to their failure in following the preferential treatment law, has severely impacted the family financially. Cruz, a father of three and in the process of adopting two foster children, has been left unemployed and without the unemployment benefits he rightly deserves.

The lawsuit, which seeks damages exceeding $25,000, will be determined by a jury with the next hearing scheduled in August.