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Worker says Home Depot fired him after 23 years, then claimed he retired

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Here is what the filing describes. Olivier, a 71-year-old Haitian immigrant, was told to pull decking material from a restricted zone known as the “back pad.” A customer who was not supposed to be there – and whom Olivier says he never let in – walked toward his moving forklift. Olivier alleges he stopped the machine and shouted three times for the man to stop. No one was hurt. 

According to the complaint, a manager then arrived, reprimanded the customer for being in the restricted area, but never asked how the customer got there. When Olivier tried to explain in his accented English, the filing says the manager cut him off with “don’t talk to me like that!” (or similar words to that effect) and walked off. 

Minutes later, the complaint says, she called him into her office and fired him. Olivier alleges there was no investigation, no interview with the coworker who had directed him to the task, and no HR involvement. He says he was handed a disciplinary notice that claimed an investigation had happened and cited a missing-spotter safety violation – a rule the filing argues did not apply to what he was doing at the time. 

Two claims give the case its edge. The complaint says the manager told colleagues Olivier had “chosen to retire” (or similar words to this effect), which the filing calls false, and that she told him to keep the firing quiet. Olivier argues the word “retirement” pointed to his age, and that the secrecy request suggested the decision could not withstand scrutiny. 

His lawsuit raises age discrimination under Massachusetts General Laws Chapter 151B and the federal Age Discrimination in Employment Act, with alternative claims for race and national origin discrimination. Olivier filed a charge with the Massachusetts Commission Against Discrimination on or about September 19, 2025, dual-filed with the EEOC. He is seeking lost wages, emotional distress damages, liquidated and punitive damages, and attorney’s fees. 

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