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Employment Law
Disability Discrimination
Wrongful Termination

William Bustos v. Global P.E.T., Inc., Global Plastics, Inc, and Does 1 through 50, inclusive

Published: Jan. 1, 2016 | Result Date: Sep. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: MCC1400627 Verdict –  Defense

Court

Riverside Superior


Attorneys

Plaintiff

Paul M. Gleason
(Gleason & Favarote LLP)

Joseph R. Becerra


Defendant

Julianne Pinter
(Ogltree, Deakins, Nash, Smoak & Stewart)


Facts

William Bustos worked as a shift manager for Global P.E.T., Inc. and Global Plastics Inc. Plaintiff sued Global after being terminated, bringing claims for wrongful termination based on disability discrimination, failure to accommodate and failure to engage in the interactive process.

Contentions

PLAINTIFF'S CONTENTIONS:
Bustos contended that he suffered an on-the-job injury to his hand, and was later terminated due to his disability just prior to taking leave for surgery on his other hand for carpal tunnel syndrome.

DEFENDANTS' CONTENTIONS:
Defendants contended that Bustos was not wrongfully terminated but was terminated because he had tested positive for marijuana on the date of his first injury and because of a downturn in business.

Damages

Bustos made a demand for $1.6 million. The defense offered $25,000.

Result

The jury returned a defense verdict, finding that Bustos' physical condition was a substantial motivating factor in his termination but that it was not a factor in causing him harm. The jury also found in favor of defendant with regard to plaintiff's claims of failure to accommodate and failure to engage in the interactive process.

Length

30 days


#98290

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