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| Case Name | Algara v. Automobile Club of Southern California | |
|---|---|---|
| Date | 08/21/2012 | |
| Note | An office worker who was unable to return to work after more than six months of medical leave could not assert a viable disability discrimination claim against her employer based on its decision to terminate her and hire someone else to fill her position, which it had held open for 24 weeks. | |
| Citation | E054171 | |
| WCC Citation | WCC 39242012 CA |
ALGARA v. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA JULIA ALGARA, Plaintiff and Appellant, v. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Defendant and Respondent. NOT TO BE PUBLISHED IN OFFICIAL REPORTS OPINION RAMIREZ, P. J. Julia Algara, plaintiff, was terminated from her employment at Automobile Club of Southern California (Automobile Club), after multiple extensions of her medical leave of absence. Plaintiff contacted the Palm Springs office of Automobile Club and was informed that there were openings, but that a hiring freeze was in effect. On May 3, 2011, the motion was granted by the superior court, and judgment in favor of Automobile Club was entered accordingly. She urges that there was insufficient evidence to support the trial court's finding that Automobile Club terminated plaintiff's employment for a non-discriminatory reason, because Automobile Club had not presented uncontroverted evidence of a "need" to fill plaintiff's position.
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