Case details

Plaintiff: Wrongful termination following on-the-job injury

SUMMARY

$92500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 23, 2009, plaintiff Jose Alvarez, 54, a Mexican-American mechanic/harvest equipment operator at W & L Harris Ranches, LLC, suffered an on-the-job injury to his right hand. He was released to return to work on limited duty within days, but he actually did not return to work until Aug. 3, 2009. The next day, Alvarez was terminated from his position. Alvarez sued W & L Harris Ranches, LLC. He alleged the defendant discriminated against him based on his disability, failed to prevent discrimination at the workplace, failed to accommodate his disability, and wrongfully terminated him in violation of public policy. Alvarez claimed the company failed to accommodate his known disability as a result of his on-the-job injury or to engage in a timely, good faith interactive process in order to determine the existence of a reasonable accommodation, such as limited or light duty while his hand recovered. Thus, he claimed that W & L Harris Ranches discriminated against him based on his disability and wrongfully terminated him on Aug. 4, 2009, after over 20 years of employment, because of his disability. W & L Harris Ranches denied all allegations of unlawful conduct. Instead, it contended that Alvarez had never been terminated and that he had been accommodated appropriately., Alvarez claimed he suffered wage loss and emotional distress as a result of his termination. However, He did not seek treatment for his emotional distress. Thus, Alvarez sought recovery of damages for his lost wages and emotional distress.
COURT
Superior Court of San Joaquin County, San Joaquin, CA

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