In May 2012, plaintiff Jose Rivera a forklift operator for Costco Wholesale Corp., was terminated from employment. Rivera had worked for Costco in its Mira Loma receiving depot for approximately 12 years prior to his termination. Rivera claimed that he was discriminated against based on his disability and that he was wrongfully terminated in retaliation for taking medical leave. However, Costco claimed that Rivera was terminated for grabbing his female supervisor in an “aggressive… forceful” manner, which constituted “serious misconduct” that “jeopardized safety.” Rivera sued Costco and a Costco employee, Steve Hall. Rivera alleged that Hall defamed him and that Costco’s actions constituted disability discrimination, retaliation, defamation, and wrongful termination. The individual cause of action against Hall was dismissed on summary judgment. In addition, Rivera’s retaliation claim against Costco was dismissed on nonsuit prior to jury deliberations. Rivera claimed that during his employment with Costco, he took multiple medical leaves due to orthopedic to his back, shoulder, and wrist, and due to his high blood pressure. He claimed that, beginning in October 2011, he went out of work on another extended medical leave for approximately six months. Thus, he alleged that his termination in May 2012 was due to these disability-related leaves. In response to Costco’s claim of Rivera grabbing his manager, Rivera admitted that he touched his supervisor, but denied that it was aggressive or offensive, as confirmed by a neutral eyewitness. However, Rivera claimed Costco ignored the eyewitness and fired him based on the false, exaggerated version of the incident given by the female supervisor. He further claimed that Costco defamed him by publishing the false version of the facts internally within Costco and that he was compelled to self-publish these statements in his efforts to find new employment. Plaintiff’s counsel contended that while Rivera was being investigated for allegedly grabbing his supervisor, the depot general manager directed payroll to create a list of all the medical leaves taken by Rivera during his 12 years of employment and then sent the list to Rivera’s superiors stating that Rivera “has missed a lot of time.” Thus, counsel argued that Rivera was terminated for the disability-related medical leaves, and not due to the false claim of aggressively grabbing a manager. Costco claimed that Rivera was not terminated for taking medical leave or for making a complaint regarding workplace safety. Instead, Costco claimed that Rivera was fired for aggressively grabbing his female supervisor in response to a workplace directive. It further claimed that its internal communications were privileged and that Rivera had no compulsion to disclose why he was terminated., Rivera claimed he suffered from depression as a result of his termination and that Costco’s statements about why he was terminated damaged his reputation and caused him shame, mortification and hurt feelings. He also claimed he needs to undergo therapy to treat his depression. Thus, Rivera sought recovery for his past and future loss of earnings, and future medical costs for therapy. He also sought recovery of damages for his past and future pain and suffering. As for his defamation claim, Rivera sought recovery of damages for his harmed reputation, shame, mortification, and hurt feelings.