Facts

Elizabeth Stevenson sued Abbott Laboratories, Abbott Products Inc., Abbott Products LLC, concerning an employment dispute.

PLAINTIFF'S CONTENTIONS:
Plaintiff was working for defendant as a Sales Representative in January 2011 when she sustained injuries as a result of being rear-ended by a driver that fell asleep at the wheel. Due to the injuries she sustained, plaintiff claimed she was unable to work for a period of time. Under defendant's standard practices leave policy, plaintiff was separated from her job after 26 weeks of leave, plaintiff claimed this was done regardless of the fact that she was successfully treating her disability and was expected to return to work. Plaintiff contended that prior notification had been given to defendants that plaintiff would be returning to work Nov. 1, 2011, however, defendant filled plaintiff's open position that very day with another employee. Plaintiff was informed that her position was no longer available. Plaintiff contended that defendant thereafter, in violation of California law, failed to assist plaintiff in finding an alternate position despite the fact that other positions, which plaintiff was qualified to fill, were available. As of Oct. 31, 2011, the date defendant received medical documentation that plaintiff could return to work without restrictions, there were no less than ten open positions plaintiff claimed she could have filled and was qualified for, yet none were offered. Plaintiff asserted that she was destined to fail in her internal job search efforts, and was terminated on Feb. 1, 2012, in accordance with defendant's one-year termination rule.

Plaintiff alleged violations of the California Fair Employment and Housing Act and of public policy arising out of Abbott's alleged discriminatory and retaliatory employment practices with respect to her physical disability.

DEFENDANT'S CONTENTIONS:
Defendant moved for summary judgment.

Result

The court granted Abbott's motion for summary judgment as to all of Stevenson's causes of action.

Other Information

The case is currently on appeal in the 9th Circuit Court of Appeals. FILING DATE: April 10, 2013.