Case details

Plaintiff fired after returning from medical leave: lawsuit

SUMMARY

$500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Feb. 9, 2015, plaintiff Patricia Samson, 49, an employee at Wells Fargo Bank, N.A., was terminated form her position. She had returned to her position on Dec. 9, 2014, from a medical leave of absence due to her long history of endometriosis. Samson sued Wells Fargo Bank, N.A., alleging that Wells Fargo’s actions constituted disability discrimination and retaliation based on disability discrimination. The case was initially dismissed via summary judgment in 2017, but it was eventually brought back to trial via the appellate process in 2019, and defense counsel removed the matter to federal court. Samson’s Fair Employment and Housing Act disability discrimination claim and FEHA retaliation claim were the only two claims that went to the jury. Plaintiff’s counsel contended that Wells Fargo’s management discussed Samson’s medical situation after she went on leave and decided to displace her within a week after she went on leave, but that Samson was not informed of her job termination until she returned to work. Counsel noted that, after Samson’s leave began, an email with the subject line, “Samson Displacement Conversation,” was written, in which Samson’s supervisor told his boss that he wanted to “run an idea by [him] re: Patricia Samson.” Plaintiff’s counsel argued that only after Samson went on her medical leave did management, for the first time, suggest that Samson’s performance was poor, even though there was nothing to indicate that prior to Samson’s leave. Defense counsel contended that Wells Fargo’s management had discussions to lay off Samson 15 days before she went out on her medical leave, and noted that Samson was displaced and not terminated. Counsel also contended that, for the 60 days, Samson had a chance to find a new job within Wells Fargo and that Samson would still receive insurance and be paid during that time. In response, plaintiff’s counsel contended that, despite Wells Fargo’s claim that Samson was displaced, Samson was ultimately terminated. Samson’s counsel further noted that there was no documentation from the company to show the alleged discussions of terminating Samson prior to her medical leave., Samson worked at Wells Fargo for two years before being terminated. After she was fired, she lost her medical insurance. Samson claimed that she eventually found another position in medical coding after her termination, but that it pays less and she does receive medical insurance. Samson also claimed that she suffered from emotional distress as a result of the incidents. Samson sought recovery for her past and future lost wages, and for her emotional pain and suffering. She also sought recovery of punitive damages against the Wells Fargo for its conduct.
COURT
United States District Court, Central District, Los Angeles, CA

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