Man says dollar store tricked his family into leaving Houston

Shoppers line up across the parking lot and down the sideway for the Grand Opening Celebration for the new 99 Cents Only store on Bellaire. Shoppers line up across the parking lot and down the sideway for the Grand Opening Celebration for the new 99 Cents Only store on Bellaire. Photo: R. Clayton McKee, For The Chronicle Photo: R. Clayton McKee, For The Chronicle Image 1 of / 5 Caption Close Man says dollar store tricked his family into leaving Houston 1 / 5 Back to Gallery

The first-ever employee of 99 Cents Only Stores, who moved from Houston to the Los Angeles area to take a new job and was fired the next day, is suing the corporation and two executives.

Jose Gomez, who worked for the company 33 years, filed the suit Oct. 15 in Los Angeles Superior Court against 99 Cents Only Stores, its president, Richard Anicetti, and managing agent Tony Yera.

According to the petition, Gomez was the manager of the first 99 Cents Only Store in Los Angeles and rose through the ranks to become vice president of retail operations in 1997.

The company even used his photo on delivery trucks and toys it sold, according to the petition.

In March 2008, Gomez moved to Houston (where the first 99 Cents Only outlet opened in 2003) to open additional Texas stores and to improve the existing ones, the petition states.

Gomez planned to stay in Houston and, as part of the relocation, his children enrolled in a local college, the suit states.

Anicetti, who became chief executive officer in 2012, visited Texas in June and told Gomez he wanted him to move back to California to become the first vice president of new store opening and remodeling, the petition states.

Gomez told Anicetti he was reluctant to uproot his family, but Anicetti said the company would pay his moving expenses, the suit states.

After talking to his family, Gomez accepted the new position on Aug. 26, according to the petition.

Two days later, movers arrived at his Houston home, the suit states.

By 8 a.m. Aug. 29, Gomez was on the job in California. An hour later, he was fired.

"Gomez was informed that the company had changed its mind and that 99 Cents Only Stores had no need for a V.P. of store openings and that his employment was terminated," the petition states.

In seven separate causes, Gomez alleges breach of implied-in-fact contract, fraud, negligent misrepresentation, wrongful termination, intentional infliction of emotional distress, intentional interference with implied-in-fact contract and misappropriation of Gomez's name and likeness.

Gomez seeks unspecified damages in a jury trial.

He is represented by attorney Mike Justice.