Plaintiff-employee who quit her job during a psychotic episode induced by prescription drugs could not state a claim for disability discrimination when her former employer denied her later request for reinstatement; the former employer owed no duty to rehire her once the former employment relationship ceased. During a prescription drug-induced psychotic episode, plaintiff resigned from her employment with defendant. Defendant accepted the resignation. When plaintiff recovered, she requested reinstatement which defendant refused. She then sued for disability discrimination under the FEHA. Held, her claim was properly dismissed because the defendant employer did not take any adverse employment action with regard to plaintiff. She voluntarily resigned. Once the resignation was accepted there was no employment relationship and the employer owed a contractual or other obligation to rehire plaintiff or rescind her resignation.
California Court of Appeal, Second District, Division 1 (Johnson, J.); April 19, 2017; 2017 WL 1399709