Rider
Rider v. Sire Enterprises CA1/2
Opinion
Opinion
BACKGROUND
The pleadings and the cross motions for summary judgment disclose the following background facts: Plaintiff had been employed by Sire from February 2009 until November 15, 2011, when she was fired. On September 20, 2011, she had emergency surgery for an ectopic pregnancy. Her employer knew of the pregnancy and the surgery and received a medical certification from plaintiff’s doctor on September 27, 2011, stating that she needed to be absent from work until December 1. However, in October, Sire also received reports from other employees that plaintiff was engaging in activities inconsistent with a need for a medical leave. Sire then asked plaintiff for further information from her doctor, and when it was dissatisfied with the doctor’s non-specific reference to a physical or emotional condition affecting a major life activity, and with telephonic responses from plaintiff, its president fired her for perceived “scamming” of the company. On December 6, 2011, plaintiff filed a complaint with the Department of Fair Employment and Housing and promptly received a right-to-sue letter.