Confidential
Settlement – $150,000Facts
Plaintiff was a 61-year-old man employed as a janitor for defendant for four years. He was fired on May
14, 1999. Plaintiff had a history of renal cell carcinoma, a history of benign prostatic hypertrophy and several
other medical conditions. In August 1997, plaintiff had a right partial nephrectomy. At that time, he was
required to take time off work; thus defendant was allegedly aware of his condition since at least 1997.
On April 8, plaintiff was experiencing symptoms related to these conditions and notified his supervisor that he
was experiencing severe pain and was physically unable to work. Plaintiff informed his supervisor that he
needed medical care and intended to see his doctor as soon as possible. Plaintiff then attempted to contact his
doctor, who was out of town and was not able to examine him until she returned on April 26. During the week
of April 12 through April 16, plaintiff was unable to report to work and his condition worsened.
On April 19, plaintiff was taken to the emergency room. Plaintiff was released with instructions to see his
doctor a week later, on April 26. On April 19, after plaintiff was seen in the emergency room, his wife
contacted one of defendant managers to say that plaintiff had been treated in the emergency room, he was still
suffering from severe pain and bleeding and he had an appointment with his doctor on April 26.
The manager asked the plaintiffÆs wife to bring in proof of the hospital visit, as well as proof of the medication
he was taking. At that time, plaintiffÆs wife made arrangements to see plaintiffÆs own supervisor the following
day to submit medical documentation pertaining to plaintiffÆs medical condition. At that meeting, plaintiffÆs
supervisor informed plaintiffÆs wife that plaintiff was fired because he should have reported to work on April
12.
When plaintiffÆs wife complained that plaintiff was seriously ill and needed his insurance, defendantÆs
manager replied, "HeÆll only have it for a few more days." The manager wrote to plaintiff indicating that he
was covered by the Family and Medical Leave Act and asked that plaintiff submit a certification of inability to
work. Plaintiff did so.
Defendant then fired plaintiff because, although he was certified disabled as of April 8, he had not seen a
doctor until April 19.
Settlement Discussions
The plaintiff initially demanded $175,000, plus reinstatement, or $500,000.
Other Information
<m>The mediation was held on March 15, 2000, before Hon. Enrique Romero, retired, resulting in the reported settlement.</m>
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