Fired car washer with cancer sues Florida dealership

A former service department worker diagnosed with cancer has sued a Miami Shores, Fla., dealership for alleged violations of the Family and Medical Leave Act and labor laws.

The federal suit also accuses Tropical Chevrolet of retaliating against Raul Gonzalez, who underwent cancer surgery, because he tried to exercise his FMLA rights.

Tropical Chevrolet filed a motion Feb. 3 seeking dismissal of three of Gonzalez’s five claims on procedural grounds. Attached to its court filing was a determination by the Florida Commission on Human Relations that said “it is unlikely that any unlawful discrimination occurred.”

According to the complaint, the store hired Gonzalez as a car washer in September 2020, paying him $8 per vehicle.

In July 2021, a doctor recommended surgery to test a lump on his shoulder for cancer, according to the suit. He declined a supervisor’s request to “come to the dealership to cover some shifts” three days before the operation, explaining his doctor told him to rest until surgery.

When the cancer was diagnosed in September about a week after the operation, his doctor ordered a second operation and gave him work restrictions — including no manual labor until after the second surgery, according to the suit.

It said he was terminated two weeks later. When Gonzalez asked why, he was allegedly told, “We did not have to give you any reason to fire you.”

In addition, the suit contends Tropical Chevrolet failed to comply with Florida’s minimum wage law and failed to pay him overtime although he regularly worked about 55 hours a week.

Gonzalez is seeking damages, reinstatement and unpaid wages.

The dealership lawyer and general manager did not respond to questions from Automotive News. Gonzalez’s lawyer said he didn’t have his client’s permission to discuss the case.