Won Appeal in Medical Leave Case
The California Court of Appeal, Second Appellate District, today affirmed the grant of summary judgment in favor of P&F’s client, a large national bank, on a former employee’s claims under the Family and Medical Leave Act. The employee had alleged that his termination for disability-related absenteeism violated the Act. In its summary judgment motion, P&F established that the termination was based on other, non-protected attendance infractions. In January 2009, the Superior Court granted summary judgment, and the employee appealed. After briefing and oral argument, the Court of Appeal affirmed judgment for P&F’s client. Daniel F. Fears, Eric C. Sohlgren and Daniel F. Lula handled the appeal, with Mr. Sohlgren arguing the case before the appellate court.