Case details

Defense: Waitress fired for bad attitude, not pregnancy leave

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Feb. 23, 2012, plaintiff Marisela Saavedra, 24, a waitress at a restaurant in the Bonanza Inn Hotel, was terminated from her position six days after returning from her seven-day medical leave, which was related to her pregnancy. Saavedra claimed she was discriminated against and terminated in retaliation for taking a pregnancy-related leave of absence. Saavedra sued the Bonanza Inn Hotel. Saavedra alleged that the hotel’s actions constituted gender discrimination related to her pregnancy, retaliation, and wrongful termination in violation of public policy. Saavedra contended that she worked for the hotel’s restaurant for over three years and had been doing a good job, but that six working days after returning from her pregnancy-related leave and informing the restaurant’s management that she intended to get pregnant again, she was terminated. She also denied any and all wrongdoing, and had no other reason as to why she was terminated. Defense counsel contended that Saavedra, as well as all other employees of Bonanza Inn Hotel, are allowed leave for any reason, including medical and pregnancy-related issues. Counsel also contended that Saavedra was told to take as long as she needed and that her job would be waiting for her. However, defense counsel argued that when Saavedra returned from leave and learned that her favorite chef, and workplace friend, had been fired, she took a disliking to the new chef. Counsel argued that as a result, Saavedra began to slow down taking out orders and started to complain about how the new chef prioritized the orders. Defense counsel further argued that Saavedra involved other staff in her disgruntlement, disturbed guests with her loud and vulgar language, and was not amenable to guidance and coaching from her manager. In addition, counsel noted that a history of Saavedra’s employment revealed two past written warnings: one for a wrinkled table cloth and the other for an inaccurate audit of cash and credit card paperwork., Saavedra claimed she suffered sadness and a huge weight gain as a result of the hotel’s actions. Thus, she sought recovery of damages for her emotional distress. Defense counsel noted that Saavedra’s deposition, she testified that she did not experience any mental or emotional distress from anything that happened the week she went back to work.
COURT
Superior Court of Sutter County, Sutter, CA

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