Oscar Mayorga v. Porterville Unified School District
Published: Oct. 8, 2021 | Result Date: Aug. 2, 2021 | Filing Date: Apr. 10, 2019 |Case number: VCU278118 Verdict – $1,280,000
Judge
Court
Tulare County Superior Court
Attorneys
Plaintiff
Maria Ann Bourn
(Gomerman Bourn & Associates)
Michael T. Brooks
(Law Offices of Tanya Gomerman APC)
Defendant
James J. Arendt
(Weakley & Arendt PC)
Facts
Plaintiff Oscar Mayorga had worked for defendant Porterville Unified School District as a custodian for 18 years. During his employment, he was diagnosed with diabetic peripheral neuropathy. He spoke to his medical provider about his medical condition. The two agreed that a medical leave was appropriate under the circumstances. Mayorga submitted a note from the medical provider to the school district and went on leave. During Mayorga's five-week medical leave, the school district discovered that Mayorga was out of the country and attempted to contact him to demand he return to work. Mayorga was not aware of the school district's attempts to contact him. When Mayorga did not report back to work within five days, the school district considered him absent without leave and invoked an automatic resignation process terminating his employment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was terminated in violation of the California Right Act, which allows employees to take protected leave because of their disability.
DEFENDANT'S CONTENTIONS: Defendant denied all the contentions. Defendant further contended that plaintiff resigned pursuant to the collective bargaining agreement.
Result
Jury verdict for plaintiff of $1,280,000.
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