On Feb. 17, 2015, plaintiff Anthony Lave, 53, a broadband technician, was terminated from his employment with Charter Communications, LLC. Lave previously took a day off on Jan. 5, 2015, allegedly because of symptoms related to a pre-existing back condition. The next day, he was counseled about his attendance. As a result, Lave filed an internal complaint on Jan. 8, 2015, alleging that he was retaliated against. Lave then put in for medical leave under the California Family Rights Act/Family Medical Leave Act from Jan. 9, 2015 to Jan. 22, 2015 because of his back condition. However, his supervisor responded to human resources in writing that when he was notified about Lave’s back injury and need for medical leave, he was speechless and shaking his head. The supervisor later suspended Lave on Feb. 10, 2015. Lave never returned to work after the suspension, as he was fired a week later, on Feb. 17, 2015. Lave sued Charter Communications, LLC, alleging that its employee’s actions constituted retaliation in violation of the California Family Rights Act Labor Code § 233 et seq., disability discrimination, wrongful termination in violation of public policy, failure to remedy and/or prevent discrimination and retaliation, intentional infliction of emotional distress, retaliation in violation of the Fair Employment and Housing Act, and failure to accommodate. Defense counsel contended that Lave was suspended and then terminated because he acted inappropriately in front of a customer., Lave worked with the company since May 2008. After he was terminated, he was able to find a job with comparable compensation within three months. Thus, Lave did not make a claim for loss of earnings. However, he claimed that he suffers from depression, insomnia, irritability, loss of appetite and ability to derive pleasure, and ongoing anxiety as a result of his treatment at Carter and subsequent termination. Lave was ultimately diagnosed with an adjustment disorder with depressed mood.