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Employment Law
Wrongful Termination

Monisha Scott v. AT&T Retail Corporate

Published: Feb. 5, 2021 | Result Date: Jan. 12, 2021 | Filing Date: Feb. 14, 2020 |

Case number: CGC-20-582946 Demurrer –  Defense

Judge

Ethan P. Schulman

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Pro Per


Defendant

Maureen K. Bogue
(Pacific Employment Law Inc.)

Jennifer A. Shy
(Pacific Employment Law)


Facts

Plaintiff Monisha Scott was employed by defendant AT&T Mobility, LLC. During her employment with defendant, plaintiff alleged that she became disabled. While plaintiff was on disability leave, defendant terminated plaintiff's employment. Plaintiff filed a lawsuit against defendant for disability discrimination in violation of the Fair Employment and Housing Act.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant wrongfully terminated plaintiff from her position because plaintiff was medically disabled at the time of her termination.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended that plaintiff's complaint failed to state a cause of action for disability discrimination in violation of FEHA. Defendant further contended that plaintiff's complaint failed to allege that she exhausted her administrative remedies. Lastly, defendant contended that plaintiff's complaint was uncertain and unintelligible.

Result

The court sustained defendant's demurrer to plaintiff's complaint without leave to amend.


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