Facts

Sheldon Smith sued Time Warner Cable and Time Warner Cable Media Inc. for alleged labor law violations.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she worked for TWC, installing cables that required him to climb up poles, and perform services at the homes of TWC customers. On May 9, 2007, plaintiff claimed he was working on a ladder inside a customer's garage when the garage door opened suddenly, and without warning. As a result, he suffered a shoulder injury. He filed a workers' compensation claim with respect to his injuries, and his doctor eventually released him to return to work with restrictions. In 2009, he underwent surgery on his shoulder. Plaintiff wanted to return to work, so he applied for various positions at TWC. However, his efforts proved futile, and he was ultimately terminated on Jan. 3, 2011. Plaintiffs then sued TWC for discriminating against him due to his physical disability. He asserted claims for breach of contract, breach of implied covenant of good faith and fair dealing, age discrimination in violation of the California Fair Employment and Housing Act, disability discrimination in violation of FEHA, retaliation in violation of FEHA, and wrongful termination in violation of public policy.

DEFENDANTS' CONTENTIONS:
TWC filed a motion for summary judgment, arguing that plaintiff cannot establish a prima facie case for discrimination because plaintiff cannot show that there was any position for which he was qualified. Alternatively, TWC argued that plaintiff was not terminated for any reason other than the fact that there was no job with which TWC could accommodate him. TWC argued that his shoulder injury precluded him from performing his former job as a cable installer or other jobs that required carrying of a heavy ladder. Moreover, TWC tried to place him in other positions with TWC, but was unsuccessful because he lacked qualifications for those positions. TWC offered him a dispatch position in Orange County, which plaintiff refused.

TWC argued that it made a good faith effort to accommodate plaintiff and engage in the interactive process with him.

Result

The court granted summary judgment on Smith's claims for disability discrimination, failure to accommodate, and failure to participate in the interactive process. The court also granted judgment in favor of TWC with respect to Smith's retaliation and wrongful termination claims.

Other Information

FILING DATE: June 28, 2012.