Facts

Karol Sytwu, a chemist for the city of San Jose, took an unpaid leave of absence to care for her terminally ill father. During an audit of the city's Environmental Services Dept. (ESD), an agency determined the number of employed chemists exceeded the department's workload. Consequently, the ESD determined to eliminate three positions based on seniority, one of which was Sytwu's. She was demoted to her former lab technician position. Sytwu filed a complaint with the Dept. of Fair Employment and Housing, alleging the city of San Jose violated the Family Medical Leave and California Family Rights Acts.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant failed to advise her of her options when she took unpaid leave. Had it done so, she would have elected paid leave, boosting her hours for seniority, and thereby preventing demotion.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff was fully informed of the consequences and voluntarily decided to take an unpaid leave of absence to save her paid vacation days.

Damages

The plaintiff sought $200,000 or more for the salary difference between her former and current position until retirement, plus lost pension benefits due to lower pay.

Result

Defense.

Deliberation

3.5 hours

Poll

9-3

Length

six days