Facts

The lawsuit arises from the layoff of plaintiff Chen Cui from his job as a senior engineer at defendant Quantum Fuel Systems Worldwide Inc. Prior to the layoff, plaintiff had been working for Quantum for approximately 15 months and had no performance issues.

In the fourth quarter of 2008, Quantum made the determination that layoffs would be required to challenges posed by the economic recession and automobile industry collapse.

Unbeknownst to plaintiff, his position was one of several identified for elimination. Plaintiff was offered a transfer to another open position at Quantum in a different department; however, the transfer was cancelled because of plaintiff's health condition. As a result, plaintiff's name was added to the potential layoff list.

Thereafter, plaintiff raised issues concerning an alleged disability relating to stress, working overtime and his Hepatitis B and liver condition. In conjunction with these complaints, plaintiff presented a doctor's note requesting that he not work more than eight hours a day. The same day that work restriction was presented, Quantum agreed to it.

On Feb. 11, 2009, plaintiff was laid off along with approximately 10 percent of Quantum's work force.

Plaintiff brought this action based on disability discrimination, failure to reasonably accommodate, retaliation, failure to engage in interactive dialogue, and failure to prevent/remedy discrimination.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Quantum cancelled the transfer to the open position, because Quantum refused to accommodate his eight-hour workday restriction in the open position. Plaintiff claimed that Quantum failed to engage in an interactive dialogue with him concerning accommodation of the eight-hour workday in the open position. Plaintiff also contended that he was retaliated against and selected for layoff because of his disability, and because he had exercised disability-related rights, including the right to request reasonable accommodation.

DEFENDANTS' CONTENTIONS:
Quantum contended that it immediately granted all of plaintiff's requests for accommodation or otherwise. Quantum believed that plaintiff requested that his transfer to the open position be put on hold or cancelled, which is what Quantum immediately did.

Quantum also contended that upon receipt of the medical restriction limiting plaintiff's work to eight hours per day, it immediately granted this restriction and notified all of plaintiff's supervisors of that work restriction. Quantum claimed that plaintiff never worked overtime thereafter.

Quantum alleged that the decision to layoff plaintiff was made days before plaintiff notified Quantum of his medical restriction and that the layoff decision was made for economic/business reasons and had no relationship to plaintiff's disability or exercise of his disability rights.

Quantum claimed that the persons who made the decisions concerning plaintiff's requests for accommodation had no knowledge of the pending layoffs and engaged in a good faith, interactive dialogue with plaintiff by granting both of his requests.

Settlement Discussions

Plaintiff's final demand was $450,000, inclusive of attorney fees and costs. Defendant served a CCP 998 statutory offer to compromise for $30,000, inclusive of attorney fees and costs.

Damages

Plaintiff claimed that he had suffered economic loss of $16,000 and substantial non-economic damages due to the emotional distress of being laid off.

Result

Defense verdict on all causes of action.

Other Information

A mandatory settlement conference was held on Nov. 5, 2010, which failed to result in settlement. FILING DATE: May 1, 2009.

Deliberation

six hours

Length

two weeks