Case details

Manager’s job eliminated while being treated for cancer

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Nov. 1, 2018, Edward Olson, an assistant general manager for Professional Community Management, a homeowners’ association and property management company, was fired from his job. Olson was previously diagnosed with stage-four terminal cancer and took a medical leave one year earlier. Within two to three weeks, his job was eliminated at the property management site where he worked. He was not informed of his job elimination. While Olson continued to be treated for cancer, Professional Community Management granted two leave extensions. Upon his return to work in October 2018, Olson was offered non-comparable positions. When he did not accept the positions, he was fired. Olson sued his employer, Professional Community Management of California Inc. and the owner of the property where he worked, Huntington Landmark Senior Adult Community Association. Olson alleged that the defendants’ actions constituted disability discrimination, a failure to accommodate, a failure to engage in the interactive process, and retaliation in violation of the California Family Rights Act. Huntington Landmark settled out of the case for an undisclosed sum. The matter proceeded against Professional Community Management only. Professional Community Management contended that it eliminated Olson’s position because of a request from the client. It also claimed that it granted all of Olson’s medical leave extension requests, but that it could not find Olson a job upon his return and offered him other positions, which Olson refused., Olson worked for Professional Community Management for over a decade. He was able to obtain another job immediately after his termination, so he did not claim an economic loss. However, he sought recovery for his emotional distress. Defense counsel contended that Olson suffered no economic loss because Olson immediately found another job.
COURT
Superior Court of Orange County, Orange, CA

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