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Employment Law
Wrongful Termination
Family Medical Leave Act

John Rucker v. Professional Security Consultants

Published: Jan. 31, 2009 | Result Date: Nov. 25, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC373821 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael J. Faber
(Law Offices of Michael J. Faber)


Defendant

Lawrence Borys


Facts

In March 2007, defendant Professional Security Consultants terminated the employment of plaintiff John Rucker, a 35-year-old security director at a private complex. The plaintiff sued defendant for wrongful termination.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended his termination was discriminatory and violated his right to take medical leave. The defendant's reasons for dismissal were a pretense and not supported by any documentation. Plaintiff contended that the employer fired plaintiff, in part, because he took medical leave.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff was demoted due to problems at the complex where he was employed. He was not notified of the demotion until he became seriously ill and took medical leave. Nevertheless, the problems existed before. The defendants made the actual decision prior to plaintiff taking leave. Plaintiff was offered another position at a reduced salary at another location.

Damages

The plaintiff sought damages for past and future lost wages and pain and suffering.

Injuries

The plaintiff suffered emotional stress due to the hostile divorce and custody battle that was occurring at the same time. Plaintiff alleged he lost custody because of the termination.

Result

The jury found for the defense.

Deliberation

30 minutes

Poll

12-0

Length

seven days


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