Facts

This action arose out of the termination of plaintiff Stephanie Flores' employment with defendant Cbeyond Communications, LLC. Cbeyond is a technology company that provides managed voice, mobile, broadband, and cloud services for businesses across the United States.

On Aug. 14, 2006, Cbeyond hired Flores as a service coordinator in its Los Angeles branch office. Her job duties and responsibilities generally included performing installations and activations of services for customers.

During her employment, Flores displayed job performance issues and was disciplined for them. At the same time, Flores suffered from various health conditions and took time off from work, primarily for stress.

On Oct. 10, 2008, she was given a performance improvement plan ("PIP") for poor job performance. Days later, on Oct. 15, Flores took a medical leave of absence for stress under the California Family Rights Act.

On Jan. 5, 2009, Flores returned to work. Cbeyond reinstated Flores to her same position. After her return, Flores continued to display job performance issues and was disciplined for them. Flores continued to suffer from various health conditions, including stress.

On Nov. 11, 2009, she was given a second PIP for continued poor job performance.

Two months later, on Jan. 7-8, 2010, Flores was absent from work because of a stress rash. While Flores was absent, Cbeyond learned Flores mishandled some customer accounts and determined she was not upholding the requirements in her second PIP.

On Jan. 11, 2010, Flores returned to work and was terminated for continued poor job performance.

On July 27, 2011, Flores filed a complaint against Cbeyond alleging wrongful termination in violation of public policy under the California Fair Employment and Housing Act (FEHA) and California Family Rights Act (CFRA).

On Sept. 23, 2011, Cbeyond removed the action to the U.S. District Court, Central District of California based on diversity jurisdiction.

On May 21, 2012, the district court granted Cbeyond's motion for summary judgment against Flores. The district court held that Flores failed to establish a prima facie case of wrongful termination, that Cbeyond established legitimate business reasons for terminating Flores' employment, and that Flores failed to establish these reasons were pretext.

On June 11, 2012, the district court entered judgment in favor of Cbeyond and against Flores.

PLAINTIFF'S CONTENTIONS:
Flores contended that Cbeyond wrongfully terminated her employment because of her stress disability and need to take medical leave in violation of the FEHA and CFRA.

DEFENDANT'S CONTENTIONS:
Cbeyond claimed that Flores' claims were without merit. No genuine issue of material fact existed as to Flores' wrongful termination in violation of public policy claim under a stress disability or need to take medical leave theory. Flores displayed job performance issues and was disciplined throughout her employment with Cbeyond. Before Flores even took a medical leave for her alleged stress disability, her performance had been the subject of criticism. After Flores returned from her medical leave of absence, she continued to display job performance issues. When Flores' employment was terminated, she was on her second PIP and still displaying job performance issues.

Result

On May 21, 2012, the district court granted Cbeyond's motion for summary judgment, which was primarily based on Flores' unfavorable admissions, testimony at deposition, and discovery responses.

Other Information

FILING DATE: Sept. 23, 2011.