As you know, this office represents Josefina Toledo (Toledo) for damages she suffered as a direct result of disability discrimination and wrongful termination conducted by Custom Apple Packers as perpetrated by its agents. The purpose of this letter is to see if an amicable settlement of this matter can be reached without the necessity of filing a lawsuit.
The following is a brief summary of the facts which will be presented in the event this matter proceeds to litigation.
BACKGROUND Toledo was employed by Custom Apple Packers on or around September 22, 2004. Toledo worked at Custom Apple Packers for over eleven years. Toledo worked as a fruit packer from the date she was hired in 2004 until sometime in 2006. Sometime in 2006, Toledo's …show more content…
An abnormality is a medically cognizable condition Lindblad v. Boeing 108 Wash.App.198, 31 P.3d 1 (2001). Toledo was medically diagnosed with a right shoulder cuff tear and fits the description of a disabled person thus meets the first prong in the prima facie case. Toledo is in a protected class. 2) Adverse Employment Action: The adverse action on the part of Custom Apple Packers is evident in the termination of Toledo while she was under orders to be on light-duty work due to her injury suffered on the job that left her with a short term disability.
3) Satisfactory Work: There is no mention that Toledo’s performance was anything less than satisfactory up to and during her on the job injury. Toledo worked at Custom Apple Packers for nearly 11 years and there is nothing to show her performance was less than exemplary. 4) Replacement by someone outside of a protected class: Documents show that Custom Apple Packers ’s single goal was to terminate Toledo because of her worker’s compensation claim and replace her with someone that was not
The following is a brief summary of the facts which will be presented in the event this matter proceeds to litigation.
BACKGROUND Toledo was employed by Custom Apple Packers on or around September 22, 2004. Toledo worked at Custom Apple Packers for over eleven years. Toledo worked as a fruit packer from the date she was hired in 2004 until sometime in 2006. Sometime in 2006, Toledo's …show more content…
An abnormality is a medically cognizable condition Lindblad v. Boeing 108 Wash.App.198, 31 P.3d 1 (2001). Toledo was medically diagnosed with a right shoulder cuff tear and fits the description of a disabled person thus meets the first prong in the prima facie case. Toledo is in a protected class. 2) Adverse Employment Action: The adverse action on the part of Custom Apple Packers is evident in the termination of Toledo while she was under orders to be on light-duty work due to her injury suffered on the job that left her with a short term disability.
3) Satisfactory Work: There is no mention that Toledo’s performance was anything less than satisfactory up to and during her on the job injury. Toledo worked at Custom Apple Packers for nearly 11 years and there is nothing to show her performance was less than exemplary. 4) Replacement by someone outside of a protected class: Documents show that Custom Apple Packers ’s single goal was to terminate Toledo because of her worker’s compensation claim and replace her with someone that was not