Samuel Garza filed a wrongful termination lawsuit against a Clovis Starbucks. He claimed they fired him after the company discovered he was a registered sex offender, even though he worked for Starbucks for eight years. (GV Wire Composite)
- A Clovis Starbucks employee fired in 2025 is suing the company for wrongful termination.
- Samuel Garza says Starbucks knew about his criminal conviction when it hired him in 2017.
- The lawsuit claims his firing violated California's Fair Chance Act.
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For eight years, Samuel Garza III worked at Starbucks in Clovis without any disciplinary actions. His colleagues respected him, the store named him “Employee of the Month,” and he was even tasked with training new employees, he says in court documents.
When his manager discovered he was a registered sex offender, the company fired him in June 2025. The allegations come in a lawsuit filed by Garza, claiming the company knew of his past and that he was protected by state law.
Garza filed the civil lawsuit Feb. 24 in Fresno County Superior Court. Judge Maria G. Diaz will hold a case management conference on June 23.
His attorney, Annie Lu, alleges three counts — violation of the California Fair Chance Act and criminal history discrimination, failure to prevent discrimination, and wrongful termination.
“We are aware of the claims and believe they are without merit, and we are prepared to defend the case,” a Starbucks spokesperson told GV Wire.
Child Porn Images
Court records show Garza received between 300 and 600 images of children engaging in sexually explicit conduct from December 2008 to September 2009.
“These photos included children under the age of 12 and portrayed ‘sadistic or masochistic conduct or other depictions of violence,’ ” a court document said.
He pleaded guilty in federal court in 2011 to one count of receipt or distribution of a visual depiction of a minor engaged in sexually explicit conduct. A federal judge sentenced Garza to more than seven years in prison. The sentence also stipulated 15 years of supervised release.
Garza was released in June 2017. Conditions for supervision included no drug use, consenting to searches, and no access to any computer unless approved by a probation officer.
The order also included “no contact with children under the age of 18 unless approved by the probation officer in advance.” Other conditions included not loitering within 100 feet of schoolyards and other places primarily used by minors and “not to engage in any occupation, either paid or volunteer, that exposes him directly or indirectly to children under the age of 18.”
The lawsuit acknowledges Garza worked with and trained minor employees.
“During his employment with Defendants, Plaintiff performed his job duties without incident and did not engage in any inappropriate conduct toward any employees, including minor employees,” the lawsuit says. “Plaintiff’s probation officer did not raise any concerns regarding Plaintiff performing his job duties.”
The federal probation office in Fresno declined comment, citing confidentiality. Lu, who is Garza’s attorney, would not elaborate on what the probation officer might have approved.
Finds Work at Starbucks
Two months after his release, Starbucks hired Garza at its Clovis location. He reached the position of shift supervisor earning $29.10 an hour.
“At the time of his hiring and throughout his employment, Plaintiff answered all questions from Defendants truthfully and fully disclosed his background when required. Plaintiff is informed and believes, and thereon alleges, that Defendants conducted a background check in 2017 prior to hiring Plaintiff, which showed his conviction,” his lawsuit says.
For five years at Starbucks, Garza worked at the location at the corner of Clovis and Herndon avenues. Next door is the Tutoring Club of Clovis, which offers academic assistance for school-aged children.
Starbucks district manager Raul Diaz — also named as a defendant — learned about Garza’s sex offender status from a customer, the lawsuit says. Garza met the next day with a Starbucks security officer and disclosed his status. Starbucks restricted Garza from working with minors.
A few weeks later, on June 4, 2025, another manager, Megan Marquez — also a defendant in the case — fired Garza, the lawsuit said.
Lawsuit: Law Protects Garza
The lawsuit says using “Megan’s Law website for purposes relating to employment” is a violation of California Penal Code 290.46.
Starbucks also failed to follow the law regarding criminal history screening. The company failed to give Garza the right to respond or provide written notice related to his termination because of his prior criminal history.
“Defendants terminated Plaintiff’s employment based solely or substantially on Plaintiff’s criminal history. Defendants’ wrongful termination of Plaintiff was wrongfully motivated by discrimination against him due to his being a registered sex offender,” the lawsuit says.
Garza’s criminal history did not affect his job performance, his attorney argued.
The Fair Chance Act, in effect since Jan. 1, 2018 — after Starbucks hired Garza — is known as the “ban the box” law. Generally, that means employers cannot ask about conviction history before offering a job.
After a job offer, employers cannot consider “conviction history that is more than seven years old based on the date of disposition (the conviction date), date of release from prison or jail, or date of parole,” according to the California Civil Rights Department.
Kevin McCarty, now mayor of Sacramento, authored the law in 2017 when he was an Assemblymember. Joaquin Arambula, D-Fresno, voted against it. Anna Caballero, D-Merced, now a state Senator but an Assemblymember in 2017, voted in favor.
“The intention of the California Fair Chance Act was to give formerly incarcerated individuals an opportunity to apply for jobs without facing undue discrimination,” McCarty told GV Wire on Monday.
Judge Denies Motion to End Supervision
Garza applied to federal court to terminate his supervision in 2025. Judge Jennifer L. Thurston denied the request.
One concern, Thurston wrote, was a failed polygraph in 2018 related to answers about romantic partners and drug use. Garza said he was nervous because he was attracted to the polygraph administrator.
“The fact that he could not maintain a professional distance with the polygraph examiner is a problem,” Thurston wrote.
Court documents also said Garza planned to leave the state in fall 2025 to attend classes at Arizona State University. Prosecutors countered that those would have been online classes.
While Thurston said she appreciated Garza’s efforts to comply with his supervision, it was too early to terminate it.
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