Case details

Company denied notice of former employee’s alleged disability

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
c. Ybay alleged that the defendants’ actions constituted disability discrimination and wrongful termination in violation of the Fair Employment and Housing Act. Cronin was ultimately dismissed from the case before the trial commenced. Ybay claimed that he had a condition that limited major life activities and that the company knew about it. He contended that his declining performance was due to his mental disability and that the company should have known about his condition since two employees learned at some point that he was taking the prescription Xanax. Ybay also contended that RSUI failed to engage in any interactive process or provide any accommodations for him. Defense counsel contended that in 2006, 4.5 years before Ybay’s termination, Ybay’s performance began to decline. Counsel also contended that RSUI attempted to have Ybay report to, and assist, four different underwriters, but that each of them was critical of Ybay’s performance. In addition, defense counsel argued that RSUI was never notified by anyone that Ybay had a condition that limited major life activities and that Ybay only claimed that his declining performance was due to his mental disability after his termination. Thus, counsel argued that Ybay did not have a condition that limited major life activities and that even if Ybay did have any alleged mental disability, the company was not aware of it., Ybay started working for RSUI as a trainee in 1992 and was promoted over the years. However, he was also demoted in 2008. Ybay basically worked in the same capacity as an underwriting assistant. Ybay claimed he had not worked since the date of his termination. He also claimed that the termination impacted his daily and family life, as he no longer leaves the house and does not have many friends. He alleged that as a result, he suffers from depression and will need more therapy in the future. Thus, plaintiff’s counsel asked the jury to award Ybay $4 million, based upon Ybay’s expectation to continue working for 15 to 17 years. Ybay also sought recovery of emotional-distress and general damages. According to defense counsel, Ybay first started seeing a therapist one month before his termination. However, at that point Ybay was already on probation with the company.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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