Teresita L. Viana v. FedEx Corporate Services Inc. dba FedEx Services, and Does 1 through 20
Published: Sep. 24, 2016 | Result Date: Sep. 6, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-08316-JFW-AS Bench Decision – Defense
Facts
Plaintiff sued FedEx following her termination after 15 years of employment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, 55, contended that throughout her employment, she always received positive performance evaluations and annual salary increases, as well as several sales awards. She claimed that after she refused an early retirement buyout package, her supervisor began micromanaging and harassing her, including by making fun of her Colombian accent. Without warning, defendant terminated plaintiff allegedly for falsification of sales logs, however, this reason was pretextual. Rather, plaintiff was terminated because of her age, ancestry, sex, and national origin.
Plaintiff asserted causes of action for age discrimination in violation of the Fair Employment and Housing Act, national origin/ancestry discrimination in violation of FEHA, sex and/or gender discrimination in violation of FEHA, failure to prevent discrimination in violation of FEHA, wrongful termination in violation of public policy, failure to provide personnel file under Labor Code Section 1198.5, failure to provide payroll records under Labor Code Section 226, failure to provide adequate itemized wage statements under Labor Code Section 226, failure to pay all wages due, and failure to timely pay all wages due.
DEFENDANT'S CONTENTIONS:
Defendant denied that plaintiff was terminated because of her sex or gender. Rather, plaintiff was terminated because she falsified company records.
Result
The court granted summary judgment to defendant on plaintiff's first through fifth and ninth through tenth causes of action. The parties stipulated to dismissal of plaintiff's remaining claims, and judgment was entered in defendant's favor on all claims.
Other Information
The case has been appealed to the Ninth Circuit Court of Appeals. FILING DATE: Oct. 23, 2015.
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