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California City Sued by Disabled Employee for Discrimination, Wrongful Termination

December 4, 2010

In recent California employment news that our labor and employment attorneys from Newport Beach, California have been following, a former Gustine city employee claims that while returning back to work after sustaining major injuries from a motor vehicle accident, she was unlawfully denied her right to continue working for City Hall.

Vanna Franco claims in her wrongful termination lawsuit, that the city discriminated against her because of a disability that resulted from the accident. The lawsuit alleges that after Franco endured a major injury from an accident in March of 2009, in a mutual agreement with her city employer, she was scheduled to return to work in September of 2009. Franco contends that after returning to work, she was sent home despite her ability to perform all of the necessary functions of her position, within her disability. Franco's employment was reportedly subsequently terminated on October 1, 2009.

Franco claims that since that time, the city has refused to return her to active employment, and has hired other employees to take over Franco's position and fulfill duties that Franco was capable of performing, who are less qualified and who do not suffer from disabilities.

In the lawsuit, Franco states that her former employer engaged in disability discrimination against her and violated the California Fair Employment and Housing Act (FEHA). The lawsuit also claims that the city failed to provide Franco with reasonable accommodations required by the FEHA which would have enabled Franco to continue in active employment. In the lawsuit, the city is also accused of failing to engage in the interactive process to find effective and reasonable accommodations for Franco required under FEHA law, and that Franco was wrongfully terminated, violating public policy.

The lawsuit seeks economic, special, general, and punitive damages of amounts that are not specified. The Gustine City Manager reportedly denied all allegations.

At Howard Law, PC our Anaheim, California labor and employment lawyers believe that all employees are entitled to a workplace that is free from unlawful disability discrimination or wrongful termination. If you or someone you know has been discriminated against or wrongfully terminated based on a disability, in Orange County, contact our attorneys today.

City Faces Lawsuit from Former Employee, Westide Connect, November 26, 2010

Related Web Resources:

Department of Fair Employment and Housing (DFEH): The Fair Employment and Housing Act (FEHA)