> >
| Case Name | Gonzalez v. Luzaich Striping, Inc. | |
|---|---|---|
| Date | 04/10/2008 | |
| Note | [Unpublished] Plaintiff does not claim on appeal that he was improperly terminated because of his alleged disability. Rather, plaintiff contends that it is employer's failure to rehire and/or failure to accommodate him in the rehiring process that represents the actionable disability discrimination. This argument is meritless. | |
| Citation | D050693 | |
| WCC Citation | WCC 33392008 CA |
INTRODUCTION Plaintiff Ruben Gonzalez appeals from a judgment entered in favor of defendants Luzaich Striping, Inc. and Bruce Freebury (jointly LSI). Freebury personally informed Gonzalez that he was being laid off, and told Gonzalez that he was being let go because "work was slow. "Freebury did not give Gonzalez his final paycheck at the time he informed Gonzalez he was being dismissed. After Gonzalez filed this lawsuit, Luzaich asked an office assistant to prepare a worksheet setting forth Gonzalez's absences during his employment with LSI. Luzaich also offered a "worksheet that [he] had prepared after Mr. Gonzalez presented his claim in this matter" that Luzaich believed "confirmed [his] understanding upon laying [Gonzalez] off that he had a poor attendance record. "
Download full case here.
Download full case here.
