Jun 14

Payne & Fears LLP secured complete summary judgment and a voluntary dismissal on behalf of a client in two separate cases filed by the client’s former employee. The employee filed one action alleging that she was discriminated and retaliated against due to a disability that put her out of work indefinitely, and that she was not reasonably accommodated for this disability. The employee filed a second action styled as a wage and hour class action alleging she and other similarly situated employees were denied overtime pay, meal periods, and rest breaks, among other things. In the individual discrimination case, Payne & Fears successfully argued that the employer had gone above and beyond its legal obligations to accommodate the employee and that her request for an indefinite leave of absence was per se unreasonable and therefore not required by law. The Orange County Superior Court agreed and granted summary judgment on all six causes of action in that case. Following the employer’s summary judgment victory in the individual discrimination case, the employee agreed to voluntarily dismiss her wage and hour claims from her class action lawsuit. Jeff Brown, Alex Ruiz, and Tyler Runge defended the case for the employer, with Alex Ruiz handling the oral argument of the summary judgment motion.

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