Procedural Posture

Procedural Posture

May 27, 2021 Off By Glespynorson

Appellant employee challenged the decision from the Contra Costa County Superior Court (California), that granted summary judgment in favor of respondents, former employer and its parent company, in appellant’s wrongful discharge suit.

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Overview

Appellant employee filed a lawsuit for wrongful discharge against respondents, his former employer and its parent company. Appellant contended he was illegally discharged due to his alcohol abuse problem. The trial court granted summary judgment against appellant’s claims. On review, the court found that there was no relevant question of fact in dispute, and the issue was solely one of law. The court found that appellant attempted to plead his cause of action as one for “medical condition” discrimination under the California Fair Employment and Housing Act (FEHA). However, under FEHA the term “medical condition” was limited to cancer-related medical conditions, which appellant did not suffer from. Furthermore, the court found that summary judgment was proper because appellant’s alcohol abuse continued despite respondent’s reasonable but unsuccessful attempts to encourage appellant’s recovery. The judgment of dismissal was affirmed.

Outcome

Trial court’s decision that granted summary judgment in favor of respondents former employer and its parent company was affirmed because respondents made reasonable but unsuccessful attempts to encourage appellant to recover from alcoholism.