Bareno v. San Diego Community College

Triable issues of fact existed as to whether defendant employer had terminated plaintiff’s employment in retaliation for exercising her rights under California’s Family and Medical Leave Act.  The trial court erred in granting the employer summary judgment on plaintiff’s claim for retaliation for exercise of her rights under California’s Family and Medical Leave Act.  There was sufficient evidence to raise a triable issue of fact as to whether the plaintiff had made reasonable efforts to contact her employer to request medical leave.  Also, the close temporal proximity of her termination to the request for medical leave raised a triable issue of fact as to whether the termination was in retaliation for taking leave.

California Court of Appeal, Fourth District, Division 1 (Aaron, J.); January 13, 2017; 2017 WL 128143

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s