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Case Name | Carrillo v. Wiberg Corporation of California | |
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Date | 02/25/2011 | |
Note | A disabled employee who quit his job before his employer had a chance to start the interactive process does not have a cause of action under the California Fair Employment and Housing Act, the 2nd District Court of Appeal ruled. | |
Citation | B219431 | |
WCC Citation | WCC 37222011 CA |
ARTHUR CARRILLO, Plaintiff and Appellant, v. WIBERG CORPORATION OF CALIFORNIA, Defendant and Respondent. Frank DeLaFuente filled in for Carrillo and was told he would have the position until Carrillo came back to work. Since the release did not state Carrillo could return to driving, the company asked Carrillo to provide a more specific release. Welzel instructed Ortega to call Carrillo and to reinstate him, but Ortega did not have a chance to reinstate Carrillo because he was informed Carrillo was looking for another job. Carrillo Asks for a Job Reference and Does Not Return to Work The Wiberg witnesses, including Welzel, Liczyk, Ortega, and Sylvia Cervantes, the California facility's office manager, all testified the company did not terminate Carrillo.
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