Kaiser Fired Man Because of Heart Condition, He Claims
LOS ANGELES (CN) - Kaiser fired a man on a pretext after he took a medical leave for heart surgery, he claims in Los Angeles County Superior Court.
David Hansack sued Kaiser Foundation Hospitals for disability discrimination, failure to accommodate, California Family Rights Act (CFRA) violations, California Labor Code violations, wrongful termination and intentional infliction of emotional distress.
According to Hansack’s lawsuit, he has Brugada Syndrome, a genetic heart rhythm disorder that increases his risk of sudden cardiac death.
“From on or about Aug. 15, 2014 to Aug. 21, 2014, plaintiff was prescribed to be off work because he was having chest pains and had to undergo tests to diagnose his condition. Plaintiff was told he was having a cardiac arrest on or about Aug. 21, 2014. On Aug. 21, 2014, plaintiff was diagnosed with Brugada Syndrome,” Hansack’s complaint states.
“Plaintiff was taken off work on Sept. 4, 2014 to Oct. 26, 2014 in order to treat his heart condition and undergo surgery. On Sept. 17, 2014, plaintiff underwent heart surgery,” it continues.
“Plaintiff applied for medical leave and [was] granted CFRA leave for his condition from about Sept. 4, 2014 to Oct. 26, 2014. On Oct. 3, 2014 in the middle of his medical leave, defendant terminated plaintiff for pretextual reasons in retaliation for needing a medical leave, being disabled, and needing and taking a disability leave,” it states.
David Hansack seeks general and special damages, costs of suit, interest, punitive damages, attorney fees and a Labor Code penalty up to $10,000. He is represented by Karl Gerber and Ann Guleser of Employment Lawyers Group in Sherman Oaks.