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Employment Law
Disability Discrimination
Perceived Disability

Jose Alvarez v. W/L Harris Ranches LLC

Published: Jul. 6, 2013 | Result Date: May 24, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 39-2011-00256131-CU-WT-STK Verdict –  $92,500

Court

San Joaquin Superior


Attorneys

Plaintiff

Robert J. Wasserman
(Mayall Hurley PC)


Defendant

Michael F. Babitzke


Facts

On June 23, 2009, Jose Alvarez was injured while at his job. He was released to return to work on limited duty within days, but did not actually return to work until Aug. The next day, he was terminated from his position.

Alvarez sued W& L Harris Ranches LLC, alleging that he was discriminated against based on his disability, that they failed to prevent discrimination at the workplace, and that he was wrongfully terminated.

Contentions

PLAINTIFF'S CONTENTIONS:
Alvarez claimed that the company failed to accommodate his known disability as a result of his on-the-job injury and that they failed to engage in a timely, good faith interactive process in order to determine the existence of a reasonable accommodation.

DEFENDANT'S CONTENTIONS:
W & L denied all allegations of unlawful conduct and contended that Alvarez had never been terminated.

Injuries

Alvarez claimed that he suffered wage loss and emotional distress as a result of being terminated.

Result

The jury returned a verdict for Alvarez on his claims and awarded him $92,500.

Deliberation

one day

Poll

9-3 (on prevailing claims)

Length

15 days


#91583

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