$150,000 Settlement in Wrongful Termination
Case I.D. Confidential. Result: March 15, 2000
L.A. Superior Central , Dept. 20 HON. Haley J. Fromholz
Topic: Employment Law
Sub topic: Wrongful Termination
Sub-sub topic: Disability Discrimination
Settlement: $150,000
Attorneys:
Plaintiff - Lee Feldman, Law Offices of Lee Feldman, Los Angeles
Plaintiff - Alicia Olivares, Law Offices of Lee Feldman, Los Angeles
Defendant - Confidential
Facts: Plaintiff was a 61-year-old man employed as a janitor for defendant for four years. He was fired on May 14, 1999. Plaintiff had a history of renal cell carcinoma, a history of benign prostatic hypertrophy and several other medical conditions. In August 1997, plaintiff had a right
partial nephrectomy. At that time, he was required to take time off work; thus defendant was allegedly aware of his condition since at least 1997. On April 8, plaintiff was experiencing symptoms related to these conditions and notified his supervisor that he was experiencing severe pain and was physically unable to work. Plaintiff informed his supervisor that he needed medical care and intended to see his doctor as soon as possible. Plaintiff then attempted to contact his doctor, who was out of town and was not able to examine him until she returned on April 26. During the week of April 12 through April 16, plaintiff was unable to report to work and his condition worsened. On April 19, plaintiff was taken to the emergency room. Plaintiff was released with instructions to see his doctor a week later, on April 26. On April 19, after plaintiff was seen in the emergency room, his wife contacted one of defendant managers to say that plaintiff had been treated in the emergency room, he was still suffering from severe pain and bleeding and he had an appointment with his doctor on April 26. The manager asked
the plaintiff's wife to bring in proof of the hospital visit, as well as proof of the medication he was taking. At that time, plaintiff's wife made arrangements to see plaintiff's own supervisor the following day to submit medical documentation pertaining to plaintiff's medical condition. At that
meeting, plaintiff's supervisor informed plaintiff's wife that plaintiff was fired because he should have reported to work on April 12. When plaintiff's wife complained that plaintiff was seriously ill and needed his insurance, defendant's manager replied, "He'll only have it for a few more days."
The manager wrote to plaintiff indicating that he was covered by the Family and Medical Leave Act and asked that plaintiff submit a certification of inability to work. Plaintiff did so. Defendant then fired plaintiff because, although he was certified disabled as of April 8, he had not seen a doctor
until April 19.
Contentions: The plaintiff contended that defendant fired him for taking leave guaranteed by the California Fair Employment & Housing Act. The plaintiff also contended that he was terminated because of his medical condition and disability. The defendant argued that plaintiff was fired because he signed a document saying that he would return to work on April 12, 1999, but failed to return or call until the following week. The defendant further contended that the FMLA was inapplicable because
plaintiff had not notified defendant on April 8, or at any time before April 19, that he had a "serious medical condition" as defined by the Act. The defendant asserted that its position was supported by the fact that the condition that plaintiff did notify defendant about did not require a doctor's care or hospitalization until 11 days after plaintiff's last day of work.
Settlement Discussions: The plaintiff initially demanded $175,000, plus reinstatement, or $500,000.
Mediation: A mediation was held on March 15, 2000, before Hon. Enrique Romero, retired, resulting in the reported settlement.
00-JV_399
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