After 19 years of employment, the employee was terminated for attending jury service. Throughout her 19 years of working for the defendant, prior to December 2008, the employee only received 7 disciplinary actions taken against her. Throughout her employment with defendant, employee continuously, year after year, received positive performance evaluations. As of January 1, 2007, effective date of her promotion to Manager to February 2, 2009, date of her termination, the employee received a total of three disciplinary actions, two of which were issued by the Store Manager where she worked out of.

The following time line will illustrate defendant discriminatory animus towards employee:

January 2007 – Employee is promoted to Manager.

January 2007 – Employee is issued a disciplinary memo

March 2008 – Employee received a positive performance evaluation.

In or about December 2008 or January 2009, employee received a jury summons and timely informed the Store Manager.

December 2008 – Employee receives a disciplinary memo for failure to work her posted schedule. Employee testified at her deposition that the reason she left early on that day was because of an emergency at home and she did notify the clerk, who acts as the manager for her department when she is not there, that she was leaving because of an emergency. The Store Manager never asked employee why she had left early that day. The reason employee left early that day was because she is a single mother and her daughter had called her at work to tell her that she was stung by a bee. Employee did not know if her daughter was going to have any allergic reaction, therefore, she rushed home to care for her daughter. Something that a responsible parent would do.

California Employees Are Protected When Serving on Jury Duty Part 2