Long Time Employee Fired After Discrimination On Statute Of Limitations Issues.

Plaintiff worked for defendant since 1979 and was consistently praised for her work. In 2006, she began working under a new supervisor. The new supervisor made numerous “condescending” comments about plaintiff’s Hispanic heritage, criticized her work and told employees “that he did not want employees speaking Spanish around him. After a number of incidents, plaintiff was placed on disability for an industrial stress claim. When she returned to work, the supervisor “falsely” accused her of errors, and her treating physician again placed her on disability. The supervisor claimed plaintiff committed timekeeping irregularities, and plaintiff claimed discrimination and harassment by the supervisor. A Qualified Medical Examiner’s report stated plaintiff “has suffered a temporary and total industrial psychological disability as a result of an injury (stress) related to the harassment and disparagement of her by her immediate manager.” Plaintiff complained to the Department of Fair Employment and Housing [FEHA], and eventually the supervisor was transferred. Plaintiff returned to work. But plaintiff was fired for alleged timekeeping irregularities three or four years earlier. It ended up in court, with plaintiff alleging retaliation, disability discrimination, wrongful termination in violation of public policy and several nonstatutory claims. Because of statute of limitation problems, the court sustained defendant’s demurrer without leave to amend. The appellate court affirmed on all claims except plaintiff’s retaliation under FEHA and wrongful termination in violation of public policy claims, noting defendant “did not show these claims were untimely as a matter of law.” Acuna v. San Diego Gas & Electric Co. (Cal. App. Fourth Dist., Div. 1; July 18, 2013) 217 Cal.App.4th 1402.