Case details

Defense: Cleaner’s alleged disability not related to job

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
At the end of 2012, plaintiff Heidi Marin, a cleaner in her 40s who was employed by 3 Maids Cleaning Services Inc., a cleaning company that dispatches cleaners to residences, had a discussion with the company’s owner, Farhad Beroukhim, during which she admitted that she had attempted suicide and was on heavy medications. Marin claimed that she later fell at a location during her job in January 2013. She claimed she had pain in her arms thereafter and subsequently asked for different jobs after her fall. However, Marin claimed that the company terminated her in January 2013. Marin sued 3 Maids Cleaning Services Inc. and Farhad Beroukhim (also known as Fred Baroukhim). Marin alleged that the defendants’ actions constituted disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, failure to prevent discrimination and retaliation, and wrongful termination in violation of the Fair Employment and Housing Act. Marin claimed that she was discriminated against based on her psychological disability, which the company knew about. She also claimed that she was discriminated against based on her physical disability, affecting the use of her hands after the fall. Marin further claimed that she was terminated in retaliation for her disabilities and for requesting accommodation for her disabilities. Defense counsel contended that Marin was not able to establish that she was disabled, that there was no evidence of any disability, and that Marin failed to present any medical records or expert testimony as to her alleged disabilities. Thus, counsel argued that Marin was not disabled and that even if she was, it was not due to her work at 3 Maids. Defense counsel further contended that Marin did not fall on the job and that Marin was not injured. In addition, defense counsel argued that Marin was not terminated, but simply failed to show up one day. Thus, counsel contended that Marin quit her job without any notice to her employer., Marin started work at 3 Maids in 2005, but left in 2010. She then came back to work at the end of 2012 and left again, only to return in 2013. She ultimately stopped working in January 2013, just two months after returning to work. Plaintiff’s counsel contended that the gaps in employment were due to Marin’s pregnancies and that Marin ultimately stopped working in January 2013 because she was fired. Thus, Marin sought recovery for her lost pay and benefits. Defense counsel contended that Marin stopped working in January 2013 because she stopped coming to work, essentially quitting without giving notice. Counsel also disputed the amount of Marin’s alleged lost wages and benefits, noting that after she stopped working for 3 Maids, Marin worked in a sales position at a furniture store. In response, Marin claimed that her job at the furniture store was part-time and that she was not getting paid because it was her relative’s store.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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