2 claim Sears in New Jersey fired them for being Muslim

October 1, 2013 6:58:43 PM PDT
A New Jersey department store is under fire. Two people have filed a wrongful termination lawsuit against a Sears at Rockaway Town Mall.

They claim they were fired because they're Muslim.

It does not add up for this grandmother and young father. They showed us trophies and memos from Sears calling them top performers.

But both of them were let go on the same day.

"I'm a number one salesman, I sell more than a million dollars," said Shams Uddin, who says he was fired from Sears after eight years.

"I did a good job, I was always number two in sales," said Sam Mitwally, fired from Sears after 11 years.

Records say they improperly allowed customers to apply Sears coupons for discounts.

They say they followed coupon procedure.

"Customer presents coupon, we use it," said Mitwally. "And we always called the management."

Their attorney has filed a discrimination suit, and he says it's obvious why.

"Both of them were fired on August 24th. None of the other sales people in the store were fired. They were the only two Muslims," said attorney Anthony Macri.

Uddin and Mitwally practice their faith during work hours.

"They were praying on a regular basis and they would have to get relieved by another salesperson when they did go off to pray," said Macri.

Prayer mats and all, in a storeroom behind closed doors. Macri says they were the only two singled out over coupons.

Sam says no one told her she could not scan a coupon from a circular inside the store for a customer who forgot to bring their own.

"Every salesperson in the store was doing the exact same thing but the only two people who were fired were the two who were Muslim," said Macri.

Sears said "We do not comment on active or pending litigation. Sears Holdings has policies that prohibit discrimination in the workplace."

Because they were charged with theft by deception over coupons, less than $300 worth, they've been denied unemployment.

Uddin has a toddler and a wife at home.

"It really hurts me, that's all I can say," he said.