Samsung Fails to Dismiss Twelve Alleged Employment Claims, According to ILG Legal Office, PC
SAN JOSE, Calif., Oct. 2, 2020 /PRNewswire/ -- Samsung Research America, Inc. ("Samsung") will soon face trial for twelve employment claims a California Court refused to dismiss. Judge Thang Barrett rebuffed Samsung's attempts to dismiss medical leave claims based on California and federal law. Samsung's position?rejected by the Court?was that a worker did not have the right to medical leave or disability accommodations during the last several weeks of employment because he had been informed his employment would end soon. On page forty-six of its Order, the Court held, "Defendants do not present any reasoned argument or legal authority, and the Court is aware of none, showing that this notification of termination somehow relieved Samsung of its duty to provide leave under the FMLA and CFRA once it had notice of Jain's request for leave." (emphasis added.)
Plaintiff's counsel Stephen Noel Ilg said, "The Court made the correct ruling on the medical leave and disability claims. Disability rights last throughout a workers' employment. My client's doctor contacted Samsung personnel directly and explained the urgent need for medical leave, yet Samsung denied it. Weeks later Samsung was still asking my client to perform work."
Plaintiff's FEHA discrimination claims against Samsung and FEHA harassment claims against Samsung management survived Defendants' Motion for Summary Judgment and Motion for Summary Adjudication. The Court noted that the harassment claim was based on "ignoring Jain's doctor's note regarding his depression and emotional distress, cornering him in a closed conference room and not letting him escape, and using violent gestures."
The Court also maintained Plaintiff's Intentional Infliction of Emotional Distress claim after noting that such a claim requires "extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress."
A Trial Setting Conference is scheduled for November 3, 2020 to determine when the parties will face off in Santa Clara Superior Court for the twelve employment claims Samsung was unable to dismiss.
The case is Santa Clara Superior Court Case No. 17-cv-318162, Jawahar Jain v. Samsung Research America, Inc. et al. Plaintiff is represented by Stephen Noel Ilg and George L. Lin of ILG Legal Office, PC (www.ilglegal.com). Defendants are represented by Melinda Reichert and Joseph Lewis of Morgan, Lewis & Bockius LLP (https://www.morganlewis.com).
SOURCE ILG Legal Office, PC
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