Facts

Socorro De La Cruz sued El Pollo Loco Inc., alleging various employment related claims.

PLAINTIFF'S CONTENTIONS:
In 1995, El Pollo Loco hired Cruz as a general manager. She was later terminated in 2010. During her 15 years working there, Cruz was told she would be employed long term, and that she would not be laid off or terminated without being given the benefit of seniority. She regularly received good performance evaluations. However, in 2000, Cruz injured her hand while at work, and filed for worker's compensation. She was given a 20 hour per week restriction, but was told by El Pollo Loco that she was required to work 40 hours per week or be terminated. El Pollo Loco refused to evaluate Cruz's hand or accommodate her.

Cruz continued working with her injured hand, and continued to receive good performance evaluations. In 2009, Cruz sustained additional injuries to her hip and shoulder, and required surgery. When Cruz attempted to return to work after the surgery, she was terminated. Although El Pollo Loco stated her reason for termination as failure to return from leave, plaintiff contended this was untrue.

Cruz sued for breach of express and implied contract, breach of the covenant of good faith and fair dealing, wrongful termination, violation of the California Constitution, violation of California Government Code, intentional infliction of emotional distress, negligent management, and fraud.

DEFENDANT'S CONTENTIONS:
El Pollo Loco denied Cruz's allegations, and asserted various affirmative defenses. Primarily, it argued that Cruz's termination was justified and that Cruz's employment had been at-will. El Pollo Loco asserted that it accommodated Cruz on multiple occasions, but her permanent restrictions precluded her from performing the essential functions of her position.

Result

The court granted summary judgment for El Pollo Loco.