Facts

Plaintiff Roberto Cubias was a welder at Murray's Iron Works' (MIW) workshop. Irene Leisner is the human resources manager of the company. Plaintiff, who had been employed for almost 10 years with the company, claimed that on the morning of Aug. 13, 2008, he developed severe diarrhea and had to use the restroom for longer than usual.

Plaintiff had a poor performance record at MIW and had been written up several months previously for reading the newspaper on company time. He had also received a verbal warning regarding the same conduct. When Leisner could not locate plaintiff after her morning rounds in the workshop, she waited outside in the area of the restroom and timed how long he was spending in the restroom (more than 15 minutes). Leisner believed that plaintiff was reading the newspaper in the men's room.

Leisner brought the situation to the attention of the president of the company, Ed Leisner, and later in the day, plaintiff was terminated.

Plaintiff brought causes of action for invasion of privacy, intentional infliction of emotional distress, discrimination based on disability, harassment, failure to engage in the interactive process, failure to reasonably accommodate, wrongful termination in violation of public policy and violation of Labor Code section 203.

Only the causes of action for disability discrimination, retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, invasion of privacy and violation of Labor Code Section 203 (waiting time penalties) were submitted to the jury.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Leisner had entered the men's room while he
was using the toilet, had banged on the stall door and yelled for him to hurry up. Plaintiff claimed that
he suffered from Diverticulosis, a disability which limited his ability to work, although he was not formally diagnosed until two months after his termination. Plaintiff also claimed that he was paid his final wages two days late.

DEFENDANT'S CONTENTIONS:
Leisner denied ever entering the men's restroom while plaintiff was inside. Defendants contended that plaintiff's claims regarding Leisner were physically impossible.

MIW contended that the president of the company accepted plaintiff's explanation of why he was in the restroom so long. MIW contended that the incident sparked a review of plaintiff's performance and plaintiff did not indicate a willingness to improve and thus was terminated.

Settlement Discussions

Plaintiff demanded $100,000 at mediation. Defendant made a CCP 998 offer for $5,000 shortly before trial.

Damages

At trial, plaintiff sought approximately $12,000 in lost wages and an indefinite amount of damages for emotional distress.

Result

The jury found in favor of plaintiff on his cause of action for violation of Labor Code Section 203, and awarded him waiting time penalties accordingly. The jury found in favor of MIW and Irene Leisner on the remaining causes of action. Summary judgment was granted in favor of Ed Leisner on May 25, 2010.

Other Information

FILING DATE: Jan. 30, 2009.

Deliberation

one day

Poll

10-2 (as to Murray's Iron Works), 12-0 (as to Irene Leisner)

Length

eight days