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 job duties changed as she was charged with operating and maintaining the sticker machines, and ensuring that the proper stickers were placed on each variety of fruit. Sometime in 2008, Toledo's job duties changed as she was charged with doing inventory. Toledo worked in inventory until sometime in 2014. Sometime in, or around, May 2014 Toledo's job duties changed as she was charged with performing general labor work including sorting and packing fruit. On September 13, 2014, Toledo was packing fruit for Defendant when she suddenly felt intense pain in her right shoulder and neck area. Toledo reported the injury to her supervisor, Miriam Mendoza, and Toledo went to the hospital. Toledo filed a claim for workers' compensation in connection with the September 13, 2014 work injury. After Toledo's injury, Defendant gave Toledo light duty work as a sorter. Sometime in May 2015, Toledo felt pressured by her supervisors to return to the position working general labor as she was performing at the time of the injury despite the physical restrictions that her primary care physician imposed on her. On May 20, 2015, Toledo submitted a written request addressed to Nelly Estrada and Anne Guerrrero requesting a list of light duty positions that Defendant could offer her given her physical restrictions. In this written request, Toledo emphasized that she had six years experience working inventory, and two years experience operating the sticker machines and that she believed she could perform those job duties with her physical restrictions. Defendant ignored Toledo's written request. On September 4, 2015, Defendant offered Toledo a formal light duty position performing the following duties: GMP Monitoring (monitoring employees using the restroom), placing sticker labels on bags, and de-waxing fruit. Pursuant to the written offer, Toledo was to perform these duties until December 9, 2015. On September 22, 2015, Toledo's claim for worker's compensation was closed, and her attending physician appealed the claim closure sometime in October or November 2015. In November 2015, Defendant put Toledo back in a sorting position where she continued to work until December 7, 2015. On December 7, 2015, and on behalf of Defendant, Anne Guerrero told Toledo that she had concerns regarding Toledo's physical restrictions and that, due to those concerns, Toledo was fired. At the time Defendant fired Toledo, it had light duty positions available that Toledo was able and willing to perform. WAGE LOSS Toledo has suffered loss of past and future wages as a result of the discrimination and wrongful termination as perpetrated by Custom Apple Packers …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 job duties changed as she was charged with operating and maintaining the sticker machines, and ensuring that the proper stickers were placed on each variety of fruit. Sometime in 2008, Toledo's job duties changed as she was charged with doing inventory. Toledo worked in inventory until sometime in 2014. Sometime in, or around, May 2014 Toledo's job duties changed as she was charged with performing general labor work including sorting and packing fruit. On September 13, 2014, Toledo was packing fruit for Defendant when she suddenly felt intense pain in her right shoulder and neck area. Toledo reported the injury to her supervisor, Miriam Mendoza, and Toledo went to the hospital. Toledo filed a claim for workers' compensation in connection with the September 13, 2014 work injury. After Toledo's injury, Defendant gave Toledo light duty work as a sorter. Sometime in May 2015, Toledo felt pressured by her supervisors to return to the position working general labor as she was performing at the time of the injury despite the physical restrictions that her primary care physician imposed on her. On May 20, 2015, Toledo submitted a written request addressed to Nelly Estrada and Anne Guerrrero requesting a list of light duty positions that Defendant could offer her given her physical restrictions. In this written request, Toledo emphasized that she had six years experience working inventory, and two years experience operating the sticker machines and that she believed she could perform those job duties with her physical restrictions. Defendant ignored Toledo's written request. On September 4, 2015, Defendant offered Toledo a formal light duty position performing the following duties: GMP Monitoring (monitoring employees using the restroom), placing sticker labels on bags, and de-waxing fruit. Pursuant to the written offer, Toledo was to perform these duties until December 9, 2015. On September 22, 2015, Toledo's claim for worker's compensation was closed, and her attending physician appealed the claim closure sometime in October or November 2015. In November 2015, Defendant put Toledo back in a sorting position where she continued to work until December 7, 2015. On December 7, 2015, and on behalf of Defendant, Anne Guerrero told Toledo that she had concerns regarding Toledo's physical restrictions and that, due to those concerns, Toledo was fired. At the time Defendant fired Toledo, it had light duty positions available that Toledo was able and willing to perform. WAGE LOSS Toledo has suffered loss of past and future wages as a result of the discrimination and wrongful termination as perpetrated by Custom Apple Packers …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