Paula Vega, Marcela Vega v. Yapstone Holdings Inc.
Published: Sep. 18, 2020 |Case number: MSC18-01535 Summary Judgment – Defense
Judge
Court
Contra Costa County Superior Court
Attorneys
Plaintiff
Douglas A. Prutton
(Law Office of Douglas A. Prutton)
Defendant
Judith A. Cregan
(Gordon & Reese LLP)
Facts
Plaintiffs Paula and Marcela Vega were formerly employed by defendant Yapstone Holdings, Inc. While working for defendant, Paula asked for leave because her sister Marcela underwent surgery in Colombia but developed sepsis and pancreatitis as a result. Initially, defendant granted Paula's request for leave of absence. Defendant also granted Paula's request for extension of leave. However, defendant informed Paula that she would be terminated if she does not return to work by November 28, 2016. Paula did not return to work and was terminated. Similarly, Marcela was terminated on March 14, 2017 for job abandonment. Both sisters filed a lawsuit against defendant for wrongful termination and disability discrimination.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff Paula contended that defendant wrongfully terminated plaintiff and discriminated against plaintiff under a theory of associational disability discrimination. Paula contended that she was terminated because of her association with her sister Marcela who was undergoing surgery at the time.
DEFENDANTS' CONTENTIONS: Defendant denied plaintiff's contentions. First, defendant contended that Paula failed to prove that her situation falls into one of the categories qualified as associational disability discrimination. Paula also did not present evidence that she would have likely developed the same condition as her sister Marcela. Second, plaintiff failed to show that her association with her sister was the reason for her termination. Defendant contended that Paula's leave was extended three times. Defendant also contended that sibling relationships do not qualify as leave under the Family and Medical Leave Act. Finally, defendants contended that plaintiff failed to engage in the interactive process because defendant actually granted plaintiff's request for leave but simply could not accommodate plaintiff's request for indefinite extended leave of absence.
Result
The court granted defendant's motion for summary judgment.
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