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.