A Los Angeles Superior Court jury has ruled in favor of a disabled, minimum wage worker deemed wrongfully terminated by high-end jeans manufacturer, Citizens of Humanity.
Employers are typically aware of the penalties that can be imposed under Labor Code section 132a for discriminating against an injured worker, and take necessary measures to avoid the risks of such claims.
But, in addition to the 132a risk, employers face discrimination claims under the Americans with Disabilities Act (ADA), and the California equivalent known as the Fair Employment Housing Act (FEHA).
Digging deeper into the risks, at a lower level is the garden variety wrongful termination claim. A recent Los Angeles jury verdict serves as a grim reminder that legacy wrongful termination claims are alive and well.
According to court documents (Case No: BC521900), the jury found with clear and convincing evidence that ‘Citizens of Humanity’ acted with malice, fraud, and oppression when they fired an employee who had suffered an industrial injury.
61 year old Noe Abarca was born and raised with eight brothers and sisters in a small hut made of rocks, hay, and cardboard in Guerro, Mexico.
He moved to the US in 1981 and became a permanent resident and worked in the garment industry for the past 30 years. He raised six daughters; five have gone on to UCLA, UC-Berkley, UCSD, USC and CSUN, his youngest is 11-years old.
Mr. Abarca, worked as a quality control inspector for six years when his doctor placed him on a work restriction due to a long-term shoulder injury sustained by lifting boxes over the years. The day the restriction ended, the company fired Mr. Abarca.
The jury concluded that the Director of Human Resources fraudulently stated on the workers compensation form that ‘Citizens of Humanity’ had first learned of the injury on the day of Mr. Abarca’s termination. Damages amounting to $650,000 were awarded, with a significant $550,000 designated punitive damages.
Managing risks of liability arising out of employment law claims becomes a more complex task every year. The Floyd Skeren & Kelly annual Employment Law Conference provides a great opportunity to learn more about these risks. More than 300 people are expected to attend the Seventh Annual Employment Law Conference on April 28th at the Disneyland Hotel.