MLG Secures $170K Settlement for Wrongfully Terminated Employee

LOS ANGELES - Oct. 30, 2014 - PRLog -- According to case records, client-employee started working for a medical facility as a radiology technician in 2002, but was laid off in 2008. He was re-employed there in March 2010. He was making $32.50 per hour and working approximately 40 hours per week. He did his job exceptionally well, receiving good performance reviews. However, in October 2011, he was wrongfully terminated by his employers on account of his disability.

It all started on October 23, 2011, when client-employee, who was scheduled to work that day, sent a text message to the lead technician, his direct supervisor, that he was sick, though he promised to either come to work in four hours or become available on an on-call basis if “it gets really busy” at the hospital. Later on, he sent another text, saying that he would be seeing either his primary care physician, who also worked at the hospital, or the VA.

Apparently, he was suffering from sinus headaches, which was one of the recurring symptoms of his hypertension which the VA diagnosed in the 1990s after he returned from his honorable military service during Operation Desert Storm.

The next day, client-employee texted both his direct supervisor and the unit clerk, telling them that he can’t be going to work “today and maybe tomorrow.” The latter replied back, informing him to call the department manager and “let her know.” He responded to the text, saying that he doesn’t have her number, but requested to provide notice to anyone in the workplace that he was out sick by having his absence written on the department’s bulletin board.

On October 25, he texted them again, reminding them to have his name written on the bulletin board. He also told them that he is seeing his doctor. His direct supervisor then relayed to him that he had instructed the unit clerk to make sure he let the department manager know that he was ill; the unit clerk said he had done so.

The same text conversation happened the next day, but this time, he told them that he won’t be back until October 31 due to some concerns about his blood pressure. He told his supervisor to inform the department manager about it. He also communicated with the admitting manager about his illness and applied for sick leave. From that point, he felt that he had adequately relayed his condition and accommodation needs to his immediate superiors. Indeed, the department manager was made aware that he was out sick and was due to return on October 31.

In the afternoon of October 28, the department manager sent an email to two HR employees stating that she had discussed with her supervisor about terminating client-employee’s employment. There, she said that although she was informed by the employees of his illness, she insisted she should have been notified directly by him, in accordance to the “rule.” At the end of the email, she said that her supervisor had recommended that client-employee be told he was terminated for “job abandonment.”

An hour later, she sent another email to the HR employees (cc: hospital CEO), informing them about client-employee’s termination on his return to work, citing the hospital policies and procedures of the employee handbook, particularly the “attendants standards” section.

On October 31, client-employee, who was at his doctor and getting the lab results, received a text message from department manager, stating that he should go to her office. When he presented the doctor’s note, he was astonished and concerned by her unexpected show of anger when he was told to go with her to the HR department.

There, the two met the HR manager, who surprisingly had his termination letter in her hand. It was dated October 28, one of the days the superiors knew he was still out recovering from his illness. When he told HR manager that the department manager knew about his condition, the latter denied it. To make matters worse, the HR manager accused him of not returning her calls. Moreover, they had his mobile phone number but never called it. Rather, they tried to justify his termination by making it appear that he neglected his work.

Subsequently, department manager did not let him retrieve his belongings, instead had security personnel bring his belongings. As she stepped out of the room to get the rest of his things, the HR manager asked him what really happened, obviously doubting the department manager’s version of the story. He explained everything he did when he was out sick, and that she knew of his medical condition. When she walked back in, the HR manager told her that she knew that she had something against him, and then bowed down her head as if in shame. But even after knowing of her unlawful conduct towards client-employee, the HR manager maintained his termination.

Later on, he called his doctor and informed him of what happened. To his dismay, he learned that his doctor called the hospital’s CEO, who then told him that he could do nothing to rectify his unjust termination, citing department manager’s claim that he abandoned his position.

As a result of the foregoing, client-employee suffered severe emotional and psychological distress because of his sudden termination from the hospital. Because of this ordeal, he had to regularly make doctors’ consultations, as well as take medicine to treat his depression. Fortunately, he sought the assistance of the expert Los Angeles employment lawyers of the Mesriani Law Group, who wasted no time in evaluating his case.

Through their resilient representation and excellent litigation skills, the law firm’s employment attorneys, the offending party was forced to settle the case for $170,000.00, which covered for client-employee’s general, special, and punitive damages. This settlement victory is another proof of the Mesriani Law Group’s vast legal expertise in handling and successfully litigating employment and labor cases for California workers.


http://mesrianilaw.com/