KYLE TODD, P.C.: Lawsuit alleges former Calvada Sales Company employee was harassed due to his disability and need for medical leave, and then fired after exercising his medical leave rights.
SACRAMENTO, Calif., June 15, 2021 /PRNewswire/ -- Luis Cardenas, a former delivery driver, has now filed suit against the complaint. In his complaint filed on March 5, 2021, in Sacramento Superior Court, Cardenas also claims that his former supervisor, Rich Orr, engaged in a pattern of unwanted harassment on the basis of his disability, in addition to his need for medical leave.
In the lawsuit, Cardenas claims that he requested medical leave for a necessary operation that was scheduled for June of 2020. He further alleges that he went out of his way to schedule necessary doctor's visits so as to minimize interference with the business operations. Despite the reasonable efforts he alleges he engaged in during his time of employment, Cardenas also states in his lawsuit that Rich Orr, his supervisor, would berate him, belittle him, and would even give him less favorable assignments as a result of his requests for reasonable accommodation and necessary medical leave.
Cardenas further alleges that Defendant Orr would inappropriately discuss the sensitive and private details with his co-workers surrounding his planned surgery. Adding to these allegations, Cardenas also alleges that the company and his supervisor made it clear that they did not appreciate the exercise of his leave rights as it pertained to and resulted from COVID-19 related childcare loss. Ultimately, Cardenas alleges that the company discouraged the exercise of his leave rights, doing so through the date of his planned and necessary medical surgery.
Finally, Cardenas alleges that he underwent his long-planned surgery on or about June 23, 2020. The situation, as Cardenas alleges, would only worsen, with his supervisor insisting on a return date, doing so in an unlawful and harassing fashion. What is more, Cardenas alleges that the defacto human resources representative, Serita Baker, would harass him with text messages regarding his recovery status. On July 13, 2020, and just one week prior to his scheduled return date, Cardenas' lawsuit alleges that he was wrongfully and unlawfully fired for exercising his rights to job-protected medical leave.
Cardenas is represented by attorney Kyle Todd, Esq. of Kyle Todd, P.C., as well as Preston Lim, Esq. of Lim Law Group, P.C. Requests for comment can be directed to Mr. Todd, at (323) 208-9171.
SOURCE Kyle Todd, PC
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