Hanson

Introduction

In his wrongful termination action alleging physical-disability discrimination, plaintiff, Wayne Hanson, appeals from the summary judgment entered in favor of his employer, defendant Lucky Stores, Inc. Hanson suffered a hand injury while on the job as a meatcutter and took a series of leaves of absence from work to recuperate. Sixteen months after Hanson sustained his injury, his doctor finally released him to return to work, with physical restrictions against heavy lifting, pulling, pushing and prolonged standing. Lucky offered Hanson an alternate position as a part-time meat clerk. Hanson rejected the offer and Lucky terminated his employment. In his complaint, Hanson seeks damages for, inter alia, discrimination in violation of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq., hereinafter FEHA), and wrongful termination in violation of public policy. (Cal. Const., art. I, § 8.)

Reviewing the filings in support of and in opposition to the summary judgment motion, we conclude in the unpublished portion of this opinion that Lucky carried its burden by demonstrating that its reason for terminating Hanson’s employment was legitimate and not…