Elsen Cheng’s 132a Case Named a Noteworthy Panel Decision

A case that Elsen Cheng, of SRTK’s Orange County office, defended was recently deemed a noteworthy panel decision by LexisNexus. Elsen received a take nothing on the hotly contested 132a claim in Espinoza v. Avis Rent A Car, 2017 Cal. Wrk. Comp. P.D. LEXIS 309.

The ruling was that the applicant failed to prove that their employer violated Labor Code § 132a by terminating applicant. The applicant had filed a workers’ compensation claim that was settled via C&R containing agreement between the parties the employee would not apply for re-employment. Thereafter the worker re-applied for employment at a different location, where he failed to disclose his previous employment with the employer in the application process. Due to a computer glitch, the employer was not able to identify his previous employment at the first location, and was re-hired. He was then terminated when the non-disclosure was discovered. Termination from the Los Angeles location after erroneous rehiring was found not to be discriminatory under Labor Code § 132a.

Elsen’s great work on the case saved the employer tens of thousands of dollars in claimed benefits. Congratulations, Elsen!