A San Diego waiter alleges he was fired after becoming disabled

| Dec 22, 2017 | Workplace Discrimination |

A former waiter, who worked for Cohn Restaurant Group in San Diego in August of 2015, filed a lawsuit against the company on Nov. 22, citing that they unlawfully terminated his employment with them.

In the man’s lawsuit, he chronicles how, while he was working on Aug. 6, 2015, one of his fellow employees intentionally struck his head. The impact of the assault caused the man to fall backwards. As he fell, his head struck the concrete floor beneath him, causing him to become unconscious.

He alleges that he suffered such significant slurred speech and amnesia after the fall that doctors rendered him fully disabled from August until November of that year. Once he was released from his doctor’s care, the man notes that he attempted to return to his job at the restaurant. It’s then that he alleges he was told that he’d been fired from his job.

The former waiter alleges that his employer violated both the Americans with Disabilities Act and Civil Rights Act of 1964 by choosing to terminate his employment with them after the incident without cause.

He also accuses them of having failed to make any attempt to make modifications to his role to accommodate for his perceived handicap. In his lawsuit, he states that they failed to talk with him about reemployment opportunities as well.

As for the victim in this case, he has requested that a U.S. District Court judge for Southern California allow for a jury to be impaneled in the matter.

He’s demanding at least a $1 million combined worth of compensatory, punitive and exemplary damages as well as for reimbursement of legal costs. It’s unclear when this matter will next be heard in court.

If you’ve been wrongfully terminated from your job, then a Long Beach, California, workplace discrimination attorney may advise you of your right to sue in your case.

Source: Northern California Record, “Former employee accuses restaurant chain of disability discrimination,” Noddy A. Fernandez, Dec. 05, 2017


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