Production worker fired for insubordination awarded $482,511. Los Angeles County.

Facts and Background

• Facts and Background:

  Plaintiff was injured in 2007 and required disc-fusion surgery. He took a medical leave and returned to work in 2008 with restrictions. Plaintiff was injured again in 2010 with blood poisoning and an arthritis flare-up. He took a two week medical leave and returned to work with restrictions. Plaintiff was again injured in 2011 with a torn tendon in his shoulder. Shortly after his last injury, and before plaintiff had a chance to seek treatment, plaintiff's boss asked him to clean out a forty-foot storage trailer. Plaintiff was unable to complete the task and was  fired.

• Plaintiff's Contentions:

  That he told his employer about the injuries in 2007 and 2010. He contended that defendants ignored his requests for accommodation. Plaintiff said that in 2011, when he was injured, he did not tell anyone because he thought he would get better. When his boss asked him to clean out the storage trailer, he told his boss that he had hurt himself and needed to see a doctor. His boss got mad and terminated him.

  Plaintiff contended that he had received numerous bonuses, letters and raises further, that there were only two reprimands in his file, neither dealing with performance.

• Defendant's Contentions:

  That plaintiff did not inform them of his injuries in 2007 and 2010.  That when, on his last day, they asked him to clean up, plaintiff refused and never told them about his injuries. Thus, they fired him for insubordination.

  Defendants argued that plaintiff was performing poorly and that he had received many warnings. They further argued that they kept him around only as a charity because without the job he wouldn't have money to support himself. That when he refused to clean the trailer, they eliminated his position and fired him.