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Case Name | Arteaga v. Brink's Inc. | |
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Date | 05/28/2008 | |
Note | Where the employee relies solely on temporal proximity in response to the employer's evidence of a nonretaliatory reason for termination, he or she does not create a triable issue as to pretext, and summary judgment for the employer is proper. | |
Citation | B194082 | |
WCC Citation | WCC 33742008 CA |
Ruiz also spoke to Arteaga, letting him know that there was an ongoing investigation into the March 1, 2004 variance. At his deposition, Arteaga said he began experiencing these symptoms "[p]robably a year before, two years before" he reported them. But Arteaga concluded that the policy did not apply to him because he was not to blame for his injuries. The physician indicated that Arteaga could return to work without any restrictions and completed a workers' compensation form to that effect. From March 17, 2004 -- when Arteaga first mentioned his symptoms -- to March 23, 2004 -- the day of his termination, Arteaga did not display any difficulty in performing his duties.
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