Featherstone v. Southern California Permanente Medical Group

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


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 )

Google photo

You are commenting using your Google 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 )

Connecting to %s