Plaintiff leaves country during medical leave, so school district terminates him. $1.2M. Tulare County.

Gross Verdict or Award: $1,280,000
Economic Damages: Past: $242,000 Future: $78,000
Non-Economic Damages: Past: $576,000 Future: $384,000
Trial or Arbitration Time: 2 weeks
Jury Deliberation Time: 1 1/2 days
Jury Polls: 12-0

Summary

School janitor takes five-week leave for diabetes, leaves the country.

Attorney for the Plaintiff:
Law Offices of Tanya Gomerman, APC by Maria Bourn and Michael Brooks, San Francisco.
Attorney for the Defendant:
Weakley & Arendt, PC by James Arendt, Fresno.

Plaintiff's Technical Expert(s):
Scott Barer, human resources.

Antonio Avalos, economics.
Defendant's Technical Expert(s):
Stephanie Rizzardi, economics.

Facts and Background:
Plaintiff worked for Porterville Unified School District since 1998 as a custodian. During his employment, he was diagnosed with diabetic peripheral neuropathy. In or around May 2017, he spoke to his medical provider about his medical condition and the two agreed a medical leave was appropriate.

During plaintiff's five-week medical leave, defendant discovered that plaintiff was out of the country and demanded he return to work within less than 24 hours. Defendant then invoked an automatic resignation process and terminated plaintiff's employment.
Plaintiff's Contentions:
That plaintiff was terminated in violation of the California Family Right Act, which allows employees to take protected leave because of their disability.
Defendant's Contentions:
That plaintiff automatically resigned pursuant to the collective bargaining agreement.

Defendant made no settlement offers.