Work Injury Gets Woman Fired, She Says
LOS ANGELES (CN) - Kaiser retaliated and eventually fired a woman for taking time off after a work-related injury, she claims in a Los Angeles Superior court complaint.
Vidail Menjivar worked for 27 years in Kaiser’s housekeeping department before injuring her shoulder at work Sept. 16, 2011. She requested “reasonable accommodations,” including time off from work and modified duty while she recovered.
Menjivar, 58, claims Kaiser accommodated her injury for a short time, but soon refused to do so, ultimately retaliating “because of her disabilities, requests for accommodations, complaints of failure/refusal to provide disability accommodations, and age … with false and unwarranted criticism and disciplinary action,” according to the complaint.
Kaiser fired her on July 19, 2013 under false pretenses.
Menjivar sued Kaiser Foundation Hospitals, Kaiser Permanente International, Kaiser Permanente Ventures LLC and Kaiser Permanente for age and disability discrimination, retaliation and wrongful termination under the Fair Employment and Housing Act.
She seeks general, special and exemplary damages, back- and front-pay, pre- and post-judgment interest, reinstatement and attorneys’ fees.
Menjivar is represented by N. Nick Ebrahimiam of Lavi & Ebrahimiam, in Beverly Hills, Calif.