Case details

Nurse properly accommodated prior to termination: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Beginning in 2011, plaintiff Sandel Nichols-Gonzales, 55, a nurse in the Neonatal Intensive Care Unit (NICU) at Loma Linda University Medical Center, in Loma Linda, was granted, and accommodated for, intermittent and continuous medical leaves under the Family Medical Leave Act. When she exhausted her FMLA time off, she asked for, and was granted, disability leave for issues with her feet. In mid-2012, Nichols-Gonzales underwent three surgeries on one foot and two surgeries on the other. She subsequently had an off-work order to extend her leave for a month. She then had multiple off-work requests to extend her time off to March 2013. In March 2013, Nichols-Gonzales wanted to come back to work, but asked for a two-week vacation, which was denied. A few days later, Nichols-Gonzales had another medical, off-work order to not be on her feet. Her superiors subsequently questioned her about the order due to its timing, but ultimately granted her time off from work. Nichols-Gonzales was kept on staff due to her long-term disability, even though she gave no time period as to when she would be returning to work. In May 2013, the medical center transferred Nichols-Gonzales to the State Disability Insurance Cost Center, which was for workers who could not return to work, but had exhausted all of their leave. As a result, Nichols-Gonzales did not receive a salary, but she was able to retain her benefits, such as her employer-provided health insurance, for up to 52 weeks. She was also transferred from the NICU to another position in June 2013, and her previous NICU position was no longer held for her after that time. When Nichols-Gonzales was released from the State Disability Insurance Cost Center in September 2013, she applied again for her old position in the NICU, but was not accepted. She also applied for other positions in the medical center, but she was unqualified for them. As a result, Nichols-Gonzales never found another position at Loma Linda University Medical Center. Even though she could not find a position at the medical center, she continued to receive medical insurance, but no other benefits, up until February 2015, when she was formally terminated. Nichols-Gonzales sued Loma Linda University Medical Center. She alleged that the medical center’s actions constituted disability discrimination, age discrimination, failure to accommodate, and wrongful termination in violation of public policy under the Fair Employment and Housing Act. The case ultimately continued on the wrongful termination, disability discrimination, failure to accommodate, and failure to engage in the interactive process claims only. Nichols-Gonzales claimed that the medical center did not accommodate her requests, did not hold her position, and transferred her from her position in the NICU and then hired younger nurses to take her place. Defense counsel denied Nichols-Gonzales’ allegations, noting that when Nichols-Gonzales was denied her vacation request, she was still granted time off based on an off-work medical order, even though it was questioned by her superiors. However, counsel argued that photos that Nichols-Gonzales posted on Facebook, which were viewable by her Facebook friends, which included co-workers who had been covering her shifts and her supervisor, announced that Nichols-Gonzales was on vacation in the Philippines for a class reunion during the weeks she was off. The photos showed Nichols-Gonzales engaged in activities that she allegedly would have had trouble with due to her alleged disability, such as climbing stairs, hiking to the top of a mountain, and walking planks on a boardwalk and in boats. Defense counsel contended that as a result, Nichols-Gonzales’ co-workers did not trust or believe her, and were annoyed, upset, and felt taken advantage of. Thus, Nichols-Gonzales was not accepted back to the NICU. Defense counsel argued that the medical center was not required to hold the NICU position open for Nichols-Gonzales indefinitely and that the NICU needed to fill the position at some point. Counsel further argued that due to Nichols-Gonzales’ age and history at the center, any nurse that was hired would be younger than Nichols-Gonzales. In addition, defense counsel contended that Nichols-Gonzales’ status as a benefited Loma Linda University Medical Center employee was terminated in February 2015 because it was discovered during Nichols-Gonzales’ deposition, after the subject lawsuit was commenced, that Nichols-Gonzales was already a full-time employee with benefits at another employer., Nichols-Gonzales worked in the Neonatal Intensive Care Unit at Loma Linda University Medical Center since 1981. She claimed that since she had been a NICU nurse for over 20 years, she was uncertain of her career after her termination. She also claimed that she became upset over not being able to work with distressed babies and that she had anxiety when she was transferred from her position and then terminated. However, she only had limited treatment for her alleged emotional distress. Nichols-Gonzales further claimed that although she was eventually able to find other employment, she was not paid the same salary that she had at Loma Linda University Medical Center. Thus, Nichols-Gonzales sought recovery of $1.75 million in total damages, including recovery for her past and future loss of income, past and future loss of benefits, and past and future emotional distress.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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