$225,000 obtained for Supervisor Terminated while out on Family Medical Leave
CASE CAPTION: [CONFIDENTIAL]
COURT/BRANCH: L.A.S.C, Central Dist., Hon. Richard Fruin, Dept. 15
Filing date: 11/4/99
Settlement: $225,000
Settlement Date: 9/19/2000
Attorneys:
PLAINTIFF: Lee Feldman, Esquire, Alicia Olivares Uyeda, Esq., Law Offices of Lee Feldman, Los Angeles
DEFENDANT: [CONIFIDENTIAL ]
PLAINTIFFS’ EXPERTS: None
DEFENDANT’S EXPERT: None
DAMAGES IN EVIDENCE: Lost earnings of $15,000.00
Facts: Plaintiff worked for defendant for one and one-half years. After taking a one-month medical leave in April 1999, Plaintiff went out sick again in July 1999. After being out for roughly one week, Plaintiff sent her employer a doctor’s note indicating that she was suffering from depression, stress, exhaustion, and hypertensive reaction. Shortly thereafter, the employer sent Plaintiff a letter stating that her position had been eliminated due to a re-organization. The only two employees who lost their jobs in the “reorganization,” however, were the two employees who were out on FMLA leave.
Plaintiff's Contentions: Plaintiff contended that Defendant singled out Plaintiff and
the other employee that was out on FMLA leave as the ones whose jobs should be eliminated. Plaintiff contended that defendant did so because it felt that the employees that took FMLA leave were unproductive as a result of their decision to take leave. Plaintiff contended that defendant did not make the decision to terminate her until after she faxed the employer the note that put the defendant on notice that she was entitled to FMLA leave.
Defendant's Contentions: Defendant contended that Plaintiff’s position was
eliminated along with two other employees because those positions were no longer needed. The motivation for the reorganization was to increase efficiency and reduce costs. Defendant further contended that Plaintiff was selected for lay-off for job performance, unavailability, and tardiness, all of which was documented over the six months immediately prior to the company’s decision to eliminate her position as part of a reorganization. Further, the company made its decision to implement a reorganization approximately one week before Plaintiff informed her employer that she was too stressed to come to work.
Settlement Discussions: No offers or demands were made prior to the mediation at which the reported settlement was reached.
MEDIATION: The mediation was held on September 25, 2000 with Alan Maler, Esquire, and resulting in the reported in settlement.
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