Plaintiff leaves country during medical leave, so school district terminates him. $1.2M. Tulare County.

Summary

School janitor takes five-week leave for diabetes, leaves the country.

The Case

Case Name: Oscar Mayorga v. Porterville Unified School District
Court and Case Number: Tulare County Superior Court / VCU278118
Date of Verdict or Judgment: Monday, August 02, 2021
Date Action was Filed: Wednesday, April 10, 2019
Type of Action: Employment, Wrongful Termination
Judge or Arbitrator(s): Hon. Nathan Ide
Plaintiffs:
Oscar Mayorga, age in 60s.
Defendants:
Porterville Unified School District
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $1,280,000
Economic Damages:
Past: $242,000
Future: $78,000
Non-Economic Damages:
Past: $576,000
Future: $384,000
Trial or Arbitration Time: 2 weeks
Jury Deliberation Time: 1 1/2 days
Jury Polls: 12-0

The Attorneys

Attorney for the Plaintiff:
Law Offices of Tanya Gomerman, APC by Maria Bourn and Michael Brooks, San Francisco.
Attorney for the Defendant:
Weakley & Arendt, PC by James Arendt, Fresno.

The Experts

Plaintiff's Technical Expert(s):
Scott Barer, human resources.
Antonio Avalos, economics.
Defendant's Technical Expert(s):
Stephanie Rizzardi, economics.

Facts and Background

Facts and Background:
Plaintiff worked for Porterville Unified School District since 1998 as a custodian. During his employment, he was diagnosed with diabetic peripheral neuropathy. In or around May 2017, he spoke to his medical provider about his medical condition and the two agreed a medical leave was appropriate.
During plaintiff's five-week medical leave, defendant discovered that plaintiff was out of the country and demanded he return to work within less than 24 hours. Defendant then invoked an automatic resignation process and terminated plaintiff's employment.
Plaintiff's Contentions:
That plaintiff was terminated in violation of the California Family Right Act, which allows employees to take protected leave because of their disability.
Defendant's Contentions:
That plaintiff automatically resigned pursuant to the collective bargaining agreement.

Additional Notes

Defendant made no settlement offers.

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Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.