Did the Assemi Group fire an employee after he was diagnosed with cancer? He’s now suing
The Assemi Group, Inc., and one of its subsidiaries in Fresno is being sued by a former employee who says he was fired by the company after being diagnosed with cancer.
The lawsuit also alleges the employee was discriminated against on the basis of his medical condition when he applied for another position within the subsidiary company before he was ultimately terminated from the role he was in prior to his diagnosis.
Paul Guillen is suing his former employer for employment discrimination on the basis of a medical condition (in his case, cancer), failure to provide reasonable accommodation, interference with rights under the California Family Rights Act, violation of labor laws and wrongful termination, among others.
The lawsuit was filed in May at the Fresno County Superior Court.
“As a result of the aforementioned wrongful conduct by defendants, plaintiff experienced, and continues to experience, extreme emotional distress in the form of stress, depression, and feeling ashamed and worthless,” the lawsuit reads.
Guillen is asking for a jury trial and is seeking an unspecified amount of money in damages. An unnamed “managing partner” through a secretary on Wednesday said the law firm representing Guillen won’t do interviews on the pending case. The Bee had also asked the attorneys for an interview with Guillen. The Bee was unable to locate a working cell phone number for Guillen.
Elizabeth A. Steinhauer-Clark, general counsel for Maricopa Orchards, LLC, on Wednesday said the Assemi Group, Inc. and Touchstone Pistachio Company, LLC, were “unable to comment on personnel matters.”
The lawsuit says Guillen worked for Touchstone, whose parent company is the Assemi Group, when he was wrongfully terminated. Guillen, the suit says, had initially filed complaints with the California Department of Fair Employment and Housing, and received a “Right to Sue” notice from the agency on May 2, and an amended notice on May 6.
Guillen worked for the plaintiffs from November 2017 to Oct. 15, 2021, the lawsuit says. He worked as the maintenance lead technician at ARO Pistachios from November 2017 to August 2020. ARO Pistachios, the lawsuit says, is a company that was acquired by the Assemi Group around March 2020.
Then from August 2020 to October 2021 (when Guillen was terminated) he worked as a maintenance technician at Touchstone, according to the lawsuit.
Around March 2021, Guillen was diagnosed with cancer and had to undergo chemotherapy, chemoradiation and surgery. He also required constant supervision by his physicians, the lawsuit says.
Initially, accommodations were made for Guillen before he had to take a leave to undergo treatment. During his leave, he applied for a vacant maintenance manager position with Touchstone. Guillen believed he was qualified and the position required less physical work than his original role, according to the lawsuit.
Guillen landed a phone interview for the maintenance manager position, but never received a call from his employer on the day of his scheduled interview, the lawsuit says. He believes it was because of his medical condition.
Guillen was then eligible for additional leave until Oct. 26, 2021 under the Family and Medical Leave Act. But in September, Guillen’s doctor extended his medical leave until Dec. 31, 2021, and he informed his employer, the suit says.
The following month, he was informed of his “termination effective October 15, 2021.” When he requested a meeting with managers, the lawsuit claims, he was told he had to be terminated, “and that if things changed, he would be rehireable” but there were no guarantees.
The lawsuit is scheduled for a case management conference on Sept. 8, and a petition to compel arbitration is on the court calendar for Jan. 4, 2023, according to court records.
This story was originally published July 11, 2022 at 5:00 AM.
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