Company fires employee while he is out on medical leave, after he asked for simple accommodation. $240K. Los Angeles County.

Facts and Background

• Facts and Background:

  Plaintiff worked as a vault teller for defendant restaurant supply company. Plaintiff learned that his toe was infected and that he would need to have it amputated. Plaintiff submitted doctor's notes placing him on medical leave to recover. While on leave, plaintiff went into work to pick up his paycheck. Defendant's managers asked plaintiff to return before the end of his medical leave. Plaintiff said that he could return if defendant provided plaintiff with a parking spot close to the entrance and the use of the elevator to access the vault since he was on crutches.

  Defendant denied plaintiff's requests and terminated plaintiff's employment before the end of his leave. Plaintiff emailed defendant's manager to reapply for an open position. Defendant admitted that they had open positions but refused to rehire him. Defendant's owner testified that he did not want to employ disabled people because they were more likely to file workers' compensation claims. Defendant's owner also testified that he wanted plaintiff to be 100% healed before working there.

  Plaintiff worked for the company from December 2018 through his termination in September 2019. Plaintiff started his leave in July 5, 2019 with a return date of October 15, 2019. 

• Plaintiff's Contentions:

  Defendant terminated plaintiff's employment while plaintiff was on medical leave to recover after having his toe amputated. Defendant failed to engage in good faith in the interactive process and failed to reasonably accommodate plaintiff's disability.

  In addition to the request for a parking space and use of the elevator, plaintiff also requested a leave of absence through October 15, 2019, but defendant terminated plaintiff’s employment two weeks before his scheduled return. 

• Defendant's Contentions:

  Defendant contended that it could not hold plaintiff's position open because it needed a vault teller to count cash quickly to get it to the armed guards to take to the bank. Defendant also contended that other employees were complaining that they had to cover plaintiff's duties while plaintiff was on medical leave.

  Defendant also contended that it considered providing plaintiff with accommodations, but that it decided not to because plaintiff's doctor's note was not clear as to when plaintiff's leave would end. Defendant denied that plaintiff made any other requests for accommodations.