Case details

Plaintiff claimed she was fired for taking maternity leave

SUMMARY

$41400

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Dec. 3, 2012, plaintiff Yvonne Rodriguez, an office assistant for Xiaobo America Ltd., a clothing manufacturer, went into labor. Rodriguez previously learned that she was pregnant in May 2012. As a result, she immediately informed her supervisor, requested maternity leave, and represented that her due date was in February 2013. Rodriguez then had several more conversations with the company about her pregnancy and the need for maternity leave. However, Rodriguez went into labor on Dec. 3, 2012, eight weeks before her due date. While in the hospital, Rodriguez notified the company that she was in labor and would need to begin her maternity leave earlier than anticipated. Rodriguez’s supervisor came to the hospital, confirmed with Rodriguez that she would return to work in three months, and that a temporary employee would cover Rodriguez’s work in her absence. However, on Feb. 25, 2013, after Rodriguez had emailed her supervisor and the company’s owner to confirm that her maternity leave would end on March 3, 2013 and that she would be returning to work on March 4, 2013, the company informed Rodriguez that she no longer had a job and accused her of quitting. Rodriguez sued Xiaobo America Ltd.; her supervisor, Maggie Chou; and the company’s owner, Dennis Wang. Rodriguez alleged that she was wrongfully terminated and retaliated against for her pregnancy and taking maternity leave. Defense counsel contended that Rodriguez was a substandard employee who quit prior to taking maternity leave. Counsel moved for summary judgment, arguing that the California Fair Employment and Housing Act did not apply to the case, as Xiaobo America only has fewer than four employees, but Judge Yvette Palazuelos denied the motion. In response to the defense’s substandard-employee claim, Rodriguez contended that she was hired in September 2011 and that after three months, she received a good performance review and was given a raise., Rodriguez claimed that she suffered from emotional distress as a result of her termination. Thus, Rodriguez sought recovery of emotional-distress damages, as well as recovery of lost wages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case