On Thursday, Nov. 27, 2008, plaintiff Margarette Foules, a member services representative with the Santa Clara County Federal Credit Union, called in sick and told a manager at the credit union that she could not come in due to abdominal pain from a urinary tract infection. Foules also did not come in to work on Saturday, Nov. 29, 2008. On Dec. 9, 2008, Foules was terminated from employment. Foules sued her employer, the Santa Clara County Federal Credit Union. She alleged that the defendant’s actions constituted disability discrimination, failure to engage in the interactive process, failure to accommodate, retaliation and wrongful termination. The matter proceeded to a bench trial. Foules claimed that abdominal pain from a urinary tract infection kept her in bed for six days. She alleged that as a result, she called in sick and told a manager at the credit union that she was unable to work on both Nov. 27, 2008, and Nov. 29, 2008. Thus, Foules claimed that she was terminated because she was disabled. The Santa Clara County Federal Credit Union denied Foules’ claims, alleging that the plaintiff failed to call in on Nov. 29, 2008, the Saturday after Thanksgiving, which was one of the busiest days of the year. It claimed that this was clearly in violation of company policy, and that when Foules was given an opportunity to explain, she said, “I messed up…I failed to call in.” The credit union claimed that as a result of Foules’ inability to explain why she failed to call in, and in light of her history of absences and tardiness, the plaintiff’s employment was terminated. The credit union’s counsel argued that Foules’ condition did not constitute a disability under California or Federal Law. Furthermore, counsel contended that evidence from cell phone tower records showed that Foules was not sick in bed during her absence, as she alleged, but rather traveled to Seattle to visit family over the Thanksgiving holiday., Foules sought roughly of $250,000 in total for back pay and front pay damages, compensatory damages, punitive damages, emotional distress damages, and costs of suit. Defense counsel contended that Foules was terminated for legitimate business reasons and was owed zero damages.