Foules

Foules v. Santa Clara County Fed. Credit Union CA6

Good Law
Court of Appeal of CaliforniaMay 12, 2015H038852California3,465 words

Opinion

Opinion

Premo, J.

I. FACTUAL AND PROCEDURAL BACKGROUND

Foules’ complaint alleged seven causes of action against Credit Union: (1) disability discrimination; (2) failure to engage in interactive process; (3) failure to accommodate disability; (4) unlawful retaliation (FEHA); (5) wrongful termination (FEHA); (6) wrongful termination (CFRA); and (7) unlawful retaliation (CFRA). Foules began working at Credit Union in 2004 as a member services representative, a position similar to that of a bank teller. On November 26, 2008, Foules attended a meeting at Credit Union and afterwards began experiencing pain in her back and abdomen. She went to Kaiser Hospital where she was treated and given a prescription. The medical notes from her visit do not indicate she was told she could not return to work. While at Kaiser she contacted Marisol Carmona, a lead at the branch where Foules worked, and Josh Herzog, the manager on duty.2 She explained her “condition” to Carmona and told her she would not be returning to work that day nor would she be in on

2 Foules also testified that she called Rachel Moreno and Sarah Littlejohn who apparently were coworkers, but the record does not disclose what positions they…

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