On Sept. 9, 2009, plaintiff Thomas Cefalu, a clinical specialist, was terminated from his position with Genentech Inc. Cefalu claimed that he was terminated because the company learned that a motor vehicle accident he had on April 30, 2009, was caused by a seizure disorder. After the accident, Cefalu took a three-month medical leave for shoulder arising out of the accident. His driver’s license was suspended because of the seizure on May 21, but he contended that he believed it to have been reinstated in late July before he returned to work in early August. Cefalu sued Genentech, Inc. for disability discrimination, failure to make reasonable accommodation, failure to engage in the interactive process, failure to prevent discrimination, retaliation for taking permitted leave and failure to pay an incentive bonus. Cefalu claimed that on Aug. 10, after his supervisor found out about the seizure, he received a call from human resources informing him that he would not be able to return to work without neurological clearance. Cefalu claimed his neurologist informed the company that he was released to drive but that he was not allowed to resume his duties. He also contended that when he discovered that his driver’s license had not been automatically reinstated before his return that he immediately informed human resources. Cefalu claimed that the department of motor vehicles notified him that his reinstatement would be forthcoming and that Cefalu consistently notified human resources about this. Cefalu testified that on the date of his termination, he received his reinstatement notice form the DMV, which he faxed to the company, but he was not reinstated. Genentech denied that it discriminated against Cefalu; failed to accommodate him or engaged in an interactive process; retaliated against him for taking a protected leave; or that it unlawfully denied him an incentive bonus. It was the company’s position that Cefalu, an established poor performer who had committed expense-related misconduct, was reinstated from his three-month paid medical leave, welcomed back to work, and that he was terminated only when the company learned that he had returned to work and driven for 300 miles on business with a suspended license. Genentech contended that particularly given the rigorous regulatory environment in which it operates, it was required to be able to trust that employees, including pharmaceutical sales employees, operated with honesty, integrity and good judgment, and that Cefalu’s pattern of behavior confirmed that it could not trust him., Cefalu sought recovery for general and non-economic damages, punitive damages, penalties under the Labor Code, prejudgment interest, special and economic damages, reinstatement with the same seniority status Cefalu would have had, injunctive relief and costs of suit. He also claimed a lost bonus of $20,270, which was the commission and/or bonus he earned through the second quarter of 2009. Genentech denied that Cefalu had earned a bonus under its incentive compensation plan, which required employees to comply with its policies.