Case details

Plaintiff fired after taking leave for son’s medical care: suit

SUMMARY

$1475000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On March 20, 2017, plaintiff Eric Hazard, a pharmacy manager at a Raley’s pharmacy in South Lake Tahoe, was dismissed from his position. Hazard claimed he was terminated for taking time off under the California Family Rights Act to care for his son, who has hydrocephalus and scoliosis that has left him permanently paralyzed, during his son’s hospitalizations. Hazard sued Raley’s, which was doing business as Raley’s Family of Fine Stores; a Raley’s pharmacy operations director, David Fluitt; and a Raley’s pharmacy supervisor based out of Reno, Rajdeep Bhanveer. Hazard alleged claims of retaliation and harassment in violation of the Fair Employment and Housing Act and California Family Rights Act, and failure to prevent harassment, discrimination and retaliation. Fluitt and Bhanveer were dismissed from the case, and the matter continued against Raley’s only. In addition, the matter only went to the jury on the claims of retaliation in violation of the Fair Employment and Housing Act and California Family Rights Act, and failure to prevent retaliation. Hazard claimed that his requests for time off were often denied and that comments were allegedly made that suggested that he used his son’s disability as an excuse to take time off from work. Defense counsel contended that Hazard was terminated for filling prescriptions for his son, ringing himself up, and failing to obtain store manager’s sign-offs for his son’s prescriptions. In response, plaintiff’s counsel argued that for years prior, Raley’s pharmacy supervisors had an unwritten policy that allowed its pharmacists to open a closed pharmacy and fill family members’ prescriptions. The plaintiff’s impeachment witness, a former store manager, testified that he knew that pharmacists filled their own prescriptions and that he never signed off on pharmacists’ prescriptions, which were filled by the pharmacists for themselves and/or family. In addition, plaintiff’s counsel contended that Hazard showed his prescriptions to the assistant manager at the store, notified the assistant manager about what he did and informed the assistant manager that there was zero co-pay, in that no money was exchanged., Hazard lost his health insurance the day after his termination. Hazard claimed that as a result of losing his family’s health insurance during a downturn in his son’s health, he suffered from emotional distress. Hazard sought recovery of past lost wages and damages for his emotional distress.
COURT
Superior Court of Sacramento County, Sacramento, CA

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