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BRGS Attorneys Win Summary Dismissal of Discrimination Claims of Employee Who Was Discharged for Excessive Absenteeism

John Golper , Elsa Bañuelos, and John Manier successfully argued a motion for summary adjudication in San Bernardino Superior Court. The Firm’s client was sued by a former employee who was terminated for numerous violations of the company’s attendance policy. The plaintiff asserted claims for racial discrimination, wrongful termination, racial harassment, and failure to prevent discrimination and harassment, and requested punitive damages. Before the motion hearing, the court issued a tentative decision which would have allowed all of the plaintiff’s claims to go to trial. However, after oral argument on January 16, 2019, the court reversed itself and granted the motion as to the claims for discrimination, wrongful termination, and punitive damages. The court ruled that the plaintiff failed to dispute his attendance violations, and found no evidence that he was terminated because of his race. After this ruling, all that remained in the case were the claims for harassment and failure to prevent harassment, which were based on only four alleged statements by one of the plaintiff’s