TIFFANY v. SMITH BARBARA TIFFANY, as Executor, etc. , Plaintiff and Respondent, v. DAVID JAMES SMITH et al. , Defendants and Appellants. Smith called Tiffany the day after Tiffany's surgery and asked whether Tiffany would be able to return to work that week. Thereafter, Smith called Tiffany and inquired as to whether he was available to fill in for a few days while Smith was on vacation. The fact that Tiffany could return to work after his injury (and termination) in 2008 was further supported by evidence that Smith asked Tiffany to fill in while Smith was on vacation and considered offering Tiffany part-time employment. Hamwey felt that Smith was discriminating against Tiffany because of the "circumstances that [Tiffany] had with his health event. "

Download full case here.