Gray•Duffy Negotiates Favorable Settlement in Employment Retaliation Claim

May 2010

Overview

Michele L. Sepich obtained a settlement for a client in a retaliation claim filed by an employee and a second related claim for an award for serious and willful misconduct. Ms. Sepich achieved a dismissal for the serious and willful claim.

Discussion

Tristan Ian Harris vs. Arrow Staffing, et al.

The plaintiff, Tristan Harris, filed claims with the Workers’ Compensation Appeals Board arising out of his employment with Gray·Duffy’s client Arrow Staffing. Plaintiff alleged discrimination when Arrow Staffing refused to re-hire him because he filed an Application for Benefits with the Workers’ Compensation Appeals Board (“WCAB”) after an industrial accident. Harris claimed that following his injury, he kept Arrow Staffing informed of his off-work duty status. Upon his release to return to work, he claimed he notified Arrow Staffing of his availability to return to work on January 25, 2007. The plaintiff claimed that despite being advised that no work was available, he observed an advertisement in the Sun Telegram on January 22, 2007 advertising his position. He claimed that the position was also advertised on a web posting by Arrow Staffing.

Arrow Staffing is a staffing agency that places both clerical and industrial workers into temporary or temporary to permanent assignments. Harris was placed on a temporary assignment at P&R Paper where he suffered a work related injury on October 6, 2006 and was initially deemed completely disabled. Harris was eventually placed on modified work duty and returned to full duty. The P&R Paper assignment was no longer open when Harris was released to full duty; however, other assignments were made available to Harris.

At a settlement conference, the claim was successfully settled for $1,000, and the serious and willful claim was dismissed.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.