Case details

Shift manager not terminated for hand injury, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
carpal tunnel syndrome, left hand
FACTS
In October 2013, plaintiff William Bustos, a shift manager, was terminated from his position at Global P.E.T. Inc. and Global Plastics Inc., a plastics company. Bustos previously injured his left hand in an August 2012 work accident. As a result, he required multiple surgeries. One work day prior to taking leave for an additional hand surgery, Bustos was terminated. He claimed he was terminated due to his disability. Bustos sued Global P.E.T. Inc. and Global Plastics Inc. He alleged that the defendants’ actions constituted disability discrimination, failure to accommodate, and failure to engage in the interactive process. Bustos claimed that he was terminated one work day before he had to take leave for an additional hand surgery, this time to address carpal tunnel syndrome in his right hand, which was the hand that was not injured in the workplace accident. Thus, Bustos claimed he was not provided a reasonable accommodation prior to his termination. Defense counsel noted that after getting his hand stuck in a machine in the plastics recycling plant, Bustos tested positive for marijuana. Though Bustos was not terminated immediately, the company had a policy stating that positive test results could result in termination. As a result, defense counsel contended that Bustos was laid off due to a downturn in business, and not due to his hand injury, and that Bustos was selected for termination because of the failure of his earlier drug test., Bustos sought recovery of unspecified damages as a result of his termination.
COURT
Superior Court of Riverside County, Riverside, CA

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