Case details

Woman claimed she was fired for bathroom breaks during pregnancy

SUMMARY

$301240

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 12, 2019, plaintiff Lauryn Vargas, a customer-service representative at a Corona-based call center, was counseled for taking bathroom breaks. At the time, Vargas was seven months pregnant. After being counseled, she was terminated from her position. She was told that she was fired because she had been hanging up on callers. Vargas sued her employer, Kaiser Foundation Health Plan Inc. The lawsuit alleged that Vargas’ termination was a discriminatory act. The lawsuit further alleged that the company issued a pretextual, defamatory reason for the termination. Vargas claimed that she had to take frequent bathroom breaks because she was seven months pregnant and that the company really fired her because of her pregnancy. She also claimed that the company defamed her by falsely asserting that she had been hanging up on callers. Defense counsel contended that Vargas was intentionally hanging up on callers and that, therefore, Vargas’ actions constituted gross misconduct that warranted immediate termination., Vargas claimed that she worked for Kaiser Foundation Health Plan for 11 years and that, during that time, she had a good performance history. She also claimed that she suffers emotional distress as a result of the events and her termination.  Vargas ultimately found a new job, but it was a lower paying job. Vargas’ psychology expert diagnosed Vargas with major depressive disorder and adjustment disorder with anxiety. The expert opined that Vargas would require future counseling. Vargas sought recovery of past lost earnings and damages for emotional pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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