 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Fava v. Solar Turbines11/30/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion hasnot been certified for publication or ordered published for purposes of rule 977.
David Fava sued his former employer, Solar Turbines, Inc., alleging Solar Turbines wrongfully terminated him on the basis of his disabilities. Solar Turbines successfully moved for summary judgment. Fava appeals. We affirm.
FACTUAL AND PROCEDURAL SUMMARY
A. Overview
In 1988, Solar Turbines hired Fava as a welder. Twelve years later, in April 2000, Fava suffered injuries in an off-duty motorcycle accident. For the next 10 months, Fava was on an approved medical leave, but then failed to return to work on his scheduled return date, February 1, 2001. Fava did not timely comply with company policies when he later sought to return to work. In March 2001 Solar Turbines terminated Fava for violating its medical leave policies.
Fava sued Solar Turbines, alleging Solar Turbines terminated him based on his physical disabilities in violation of the Fair Employment and Housing Act (FEHA). He claimed he was disabled from leg injuries resulting from the motorcycle accident and from two prior medical conditions-carpal tunnel syndrome and tinnitus (a hearing impairment condition).
Solar Turbines moved for summary judgment, arguing Fava could not recover on his disability discrimination claim because the undisputed facts showed: (1) Fava was not disabled at the time of the termination; and (2) the termination decision was based on Fava's violation of the company's medical leave policy and not because of his claimed disabilities. In opposition, Fava presented evidence pertaining to the extent of his disabilities, and argued that Solar Turbines' proffered reason for the termination was pretextual. Fava also requested a continuance to conduct additional discovery pertaining to Solar Turbines' conduct toward other employees who violated medical leave policies.
After considering each parties' submitted evidence, the court denied Fava's request for a continuance and granted summary judgment in Solar Turbines' favor. The court found Solar Turbines presented evidence that it terminated Fava for violating company medical leave policies and the termination served a "legitimate nondiscriminatory purpose," and that Fava did not meet his burden to show he was terminated because of his claimed disabilities.
B. Summary Judgment Record
In summarizing the summary judgment record, we begin with a description of Solar Turbines' written medical leave policies because an understanding of these policies is important to evaluating the parties' competing assertions in their summary judgment papers. We then set forth the relevant events leading to Fava's termination. Because of the nature of Fava's intentional discrimination claims, we relate these events in some detail. Additional relevant facts will be discussed in the legal analysis section. Under well-settled principles, we view the record in the light most favorable to Fava, the party opposing the summary judgment.
1. Medical Leave Policies
Under Solar Turbines' collective bargaining agreement, an employee may take an unpaid medical leave of absence if the employee complies with numerous detailed rules. The agreement provides that if these rules are not followed, the employee's absence will be considered a "voluntary quit."
The relevant rules are as follows. An employee seeking an unpaid medical le
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 California Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|