Case details

Employee fired for expense report problems, not disability: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In June 2013, plaintiff Jeffrey Cable, 49, a marketing strategist for the insurance company Farmers Group Inc., was terminated from his position. Prior to his termination, Cable assisted with the company’s hot air balloon and airship programs, as well as piloted the company’s hot air balloon, as part of the company’s marketing reach. Cable developed a bad back and subsequently made requests for accommodation at work. He ultimately went out on a disability leave in June 2013. However, he claimed that rather than accommodating his disability, Farmers Group terminated while he on disability leave. Cable sued Farmers Group Inc. Cable claimed that Farmers Group’s actions constituted disability discrimination failure to accommodate, failure to engage in the interactive process, and wrongful termination. Cable contended that he was terminated from his employment due to his history of having a bad back and that the company failed to accommodate his disability by approving his requests to work from home or have a cot put in his office so that he could lie down occasionally. He also contended that the company failed to engage in any interactive process to reach an accommodation and that it, rather, terminated his employment while he was on a disability leave in June 2013, after a sham investigation into his corporate credit card usage. Defense counsel contended that Farmers Group conducted a finance review and corporate security investigation into Cable’s corporate credit card and that it uncovered that Cable had mischaracterized numerous charges on his expense reports to make them appear to be company reimbursable business expenses. Specifically, counsel contended that the expense reports contained false descriptions for delinquency fees and late fees charged on Cable’s credit card, listing them as “parking” or “helium for airship,” so that the company would pay for those expenses. Defense counsel further contended that Cable had purchased airfare on his corporate credit card for a family trip to Hawaii, but listed the airfare as a company reimbursable expense on his expense reports so that the company would ultimately pay for his family’s airline tickets. Thus, defense counsel argued that Cable was terminated for legitimate, business reasons wholly unrelated to his back., Cable claimed that he suffers from emotional distress as a result of being terminated. He alleged that as a result, he is now permanently disabled. Thus, Cable sought recovery of some loss of pay based on the loss of short-term disability benefits. He also sought recovery of emotional distress damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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