Partner Steven D. Werth Obtains Summary Judgment in Disability Discrimination Case

Partner Steve Werth obtained summary judgment for Webcor Construction, L.P. (“Webcor”) recently in Alameda County. Webcor was sued by a former concrete journeyman for denial of FMLA leave, disability discrimination and wrongful termination. The employee was injured when struck by a piece of wood. Webcor promptly obtained medical treatment for the employee the day he was injured. The treating doctor released him to return to work on modified duty for a week, and then a week later, released him to full duty, without restrictions. The journeyman continued to work for three months, before he was laid off.

Following oral argument, the Court granted Webcor’s summary judgment motion two weeks before the beginning of trial. Specifically, the Court found that Webcor did not know, and had no notice of any serious health condition that would trigger FMLA leave, and that the employee’s alleged ongoing complaints of headaches did not constitute a disability, but that even if it did, that Webcor reasonably accommodated him in any event. Finally, the Court ruled there was no wrongful termination because Webcor laid off the plaintiff for non-pretextual, legitimate business reasons, unrelated to the previous work-related injury.

For further information about this case, please contact Steve Werth at or at 415-697-2000.