EMPLOYMENT

Plaintiff restaurant staff person suffered an injury that caused him to be unable to work at the defendant's workplace. Although the plaintiff was treated for a low back injury over the period of several months, his communication with his employer during the period of disability regarding his condition and treatment was sporadic. When the employer requested the employee provide confirmation from his treater as to the employee's fitness to return to work, the communications broke down and ultimately stopped. The employee never returned to work. One year later, the employee filed suit for FEHA violations, constructive termination, harassment and retaliation. Despite the business having changed hands prior to the filing of the lawsuit, the mediation conducted with the employee, current and former owners was able to be successfully resolved.

Plaintiff, a restaurant employee, sustained a low back injury that rendered him unable to work at Defendant’s establishment. Although he received treatment over several months, his communication with the employer regarding his medical condition and work status was sporadic. When the employer requested medical documentation confirming his fitness to return to work, communication between the parties deteriorated and eventually ceased. The employee did not return to work. Approximately one year later, he filed a lawsuit alleging violations of FEHA, including constructive termination, harassment, and retaliation. Despite a change in business ownership prior to the filing, the matter was successfully resolved through mediation involving the employee, the current owner, and the former owner.