Facts

Defendant American Scissor Lift, Inc. selected plaintiff Jason Cirrincione for layoff and terminated his employment as a painter at its Stockton location.

PLAINTIFF'S CONTENTIONS: Cirrincione claimed that ASL terminated him because of his generalized anxiety disorder and depression, failed to accommodate his disabilities, failed to engage in the interactive process, retaliated against him for requesting accommodation and for whistleblowing, subjected him to racial harassment, failed to prevent discrimination, harassment, and retaliation, and wrongfully terminated him in violation of public policy.

DEFENDANT'S CONTENTIONS: ASL denied each of Cirrincione's allegations and argued that he was selected for layoff because he was the least productive employee in his department and he had displayed a poor attitude at work. In its motion for summary judgment, ASL showed that it had provided Cirrincione with each of the accommodations he had requested. Aside from his own declaration, Cirrincione produced no evidence that was subjected to racial harassment. As to his whistleblower claim, Cirrincione's alleged passing comments to his supervisor such as, "I wish we could take a break," did not amount to a protected disclosure of information under California law. ASL also showed that following his termination, plaintiff had sent a text message to his former supervisor apologizing for having attitude at work, stating that he loved working for ASL, and asking for his job back.

Settlement Discussions

Plaintiff made multiple demands. Defendant made no offer.

Result

Defendant's motion for summary judgment was granted and the parties stipulated to an award of costs to defendant to finalize the case.