The firm defended an international manufacturer of environmental and construction specialty products in an employment discrimination lawsuit filed by a former employee. The employee brought claims for disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, and wrongful termination under the California Fair Employment and Housing Act (“FEHA”). He alleged he was fired due to back and neck injuries he sustained in an automobile accident even though he was able to perform his job with reasonable accommodations. The firm removed the case to federal court and discovered the employee was simultaneously pursuing a separate personal injury lawsuit alleging he was so injured he could no longer work. The firm went on the offensive, aggressively arguing malicious prosecution. The employee sought over $300,000 in lost wages, punitive damages, and attorneys’ fees. In the end, the firm successfully negotiated a settlement for a tiny fraction of the amount demanded by the employee, saving the client valuable costs and time.
Counsel: Chad T. Wishchuk