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Employment Law
FEHA
Wrongful Termination

Leticia Lopez v. United Stationers Supply Co. and Does 1 through 50, Inclusive

Published: Feb. 11, 2012 | Result Date: May 23, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 2:10-cv-06544-DSF-CW Settlement –  $30,001

Court

USDC Central


Attorneys

Plaintiff

Anne S. Kelson

William S. Waldo


Defendant

Matthew J. Sharbaugh

Steven A. Groode
(Littler Mendelson PC)


Facts

Leticia Lopez, who had contracted polio as an infant and used a brace to assist her right leg, was a distribution associate for United Stationers Supply Co. She was terminated from her position for a list of reasons including failure to follow safety rules. Lopez sued for wrongful termination, retaliation, and violations of California's Fair Employment and Housing Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Lopez claimed that she had received high performance evaluations until 2009, when the company implemented new productivity standards. In 2010, she received three warnings to improve her production and was then terminated.

DEFENDANT'S CONTENTIONS:
United Stationers claimed that Lopez had not met its production standards, with or without her disability requirements.

Damages

Lopez sought recovery for lost wages, lost benefits, and physical and emotional injuries.

Result

Lopez accepted a Rule 68 offer from United Stationers for $30,001. During a separate arbitration procedure that ran parallel to this lawsuit, it was determined that United Stationers had terminated Lopez, in violation of a collective bargaining agreement, and she was returned to her position with full back pay and benefits.


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