Home Depot employee in her 70s fired for failing to stop $5K in fraudulent transactions: lawsuit
SAN RAMON, Calif. (KGO) -- A 72-year-old former Bay Area Home Depot employee is suing the retailer for age discrimination and wrongful termination after she was fired for failing to stop $5,000 worth of fraudulent transactions. The incident happened at the San Ramon Home Depot three months after a loss prevention officer was shot and killed at a Pleasanton Home Depot while trying to stop a theft attempt.
Carleen Acevedo was fired from Home Depot last July for "creating a security or loss prevention risk" according to her termination letter. She says she felt scared and intimidated by the person at her register, who was paying with a suspicious card.
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"You're phenomenal in every way. We are grateful to have you," said Acevedo.
During her seven years working as a cashier at the San Ramon Home Depot, Carleen Acevedo says she won multiple awards for exceptional service, including Cashier of the Year in 2021.
"I loved working there," said Acevedo.
But last July, Home Depot fired Acevedo after she rang up four fraudulent transactions resulting in a more than $5,000 loss for Home Depot.
"I was so upset, I just wanted to get out of there. I had never been fired before," said Acevedo.
Acevedo says she was working alone in the Garden Center when a man approached her cash register with a card that had written instructions on the back to process the transaction as cash. She rang up a purchase for a little more than $1,300.
"I just got a funny feeling about it and the card was suspicious it was very suspicious but I went ahead and ran it," said Acevedo.
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Approximately 30 minutes later, she says the customer returned.
"And then I knew for sure he was targeting me because I was alone," she continued.
Acevedo says she tried to call her supervisor, the head cashier, but no one answered.
"He was demanding, he wanted the transaction done as fast as possible," said Acevedo. "He got upset when I made the phone call to my manager."
"I was scared," she continued.
According to her termination letter, Acevedo ran three additional separate transactions as cash, this time for more than $4,000.
She says she kept duplicate copies of the receipts that she took to her manager.
"Four days later I got fired," said Acevedo.
The incident happened three months after Pleasanton Home Depot Loss Prevention Officer Blake Mohs was shot and killed while trying to stop a theft attempt, a story Acevedo was familiar with.
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"It was devastating, I mean it was sad," said Acevedo.
Acevedo says as an employee she received annual computer-based training by Home Depot on what to do in the event of a shoplifting or active shooter.
"I was instructed not to do a thing. Do not approach, do not touch, do not try to dissuade, to interfere, just let them go," she said.
"She was doing everything she could. She asked for backup. She's making copies of the receipt. You know she can't risk her life for merchandise and employees are explicitly taught not to risk their life for merchandise," said Chambord Benton-Hayes, Acevedo's attorney.
Benton-Hayes also questions the timing of her termination. According to the lawsuit, six months prior, Acevedo learned a teenage new hire at the store had a starting salary of $21 an hour. Acevedo, who was 70 at the time and had been working at Home Depot for seven years, was making $20.17 an hour. She complained and the following month received a $2 raise.
"They really just wanted an excuse to terminate her," said Benton-Hayes. "The moment she complained, she's terminated within a few months."
By email, a Home Depot spokesperson told the I-Team, "I can't discuss ongoing litigation."
"I lost so much. I lost my health care. My health declined as a result of that. I had difficulty finding work and paying my rent was put into question," said Acevedo.
Acevedo says it took a while, but she was able to find new part-time work.
"It was a devastating emotional experience," said Acevedo.
Benton-Hayes says she'll try to obtain surveillance video from the store as part of discovery as well as any employee handbook or instructions that might exist regarding what to do in a situation like this.
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