LTL Secures Dismissal of Retaliation and Disability Suit
On June 25, 2019, LTL obtained summary judgment on behalf of client Walmart, Inc. from the Los Angeles Superior Court dismissing a former long-term employee’s suit claiming that he had been retaliated against after filing a worker’s compensation suit and complaining of harassment. The employee had worked at a Sam’s Club for nearly 13 years when he filed a 2016 worker’s compensation claim. However, he failed to report the workplace injury to his managers before filing the claim in contravention of a Club policy mandating that workplace injuries be reported to management immediately– his fourth policy violation in 10 months. When the employee’s managers received notice of the worker’s compensation filing, they questioned him as to why he had not reported the injury to anyone. At the end of the conversation, the former employee stated that his managers were always harassing him. Two days later, the employee was dismissed for excessive policy violations.
The former employee then brought suit alleging retaliation, disability discrimination and failure to accommodate his disability, seeking compensatory and punitive damages. Nearly two years after the suit was commenced, the Los Angeles Superior Court granted summary judgment to Walmart dismissing Plaintiff’s claims in their entirety and awarded Walmart the right to seek its costs. The suit was handled by LTL Managing Partner David Ammons and Associate Tiffany Hansen.