Woman alleges Walmart wrongfully terminated her, seeks reinstatement

By Noddy A. Fernandez | Jan 4, 2019

FRESNO – A Fresno County woman alleges she was wrongfully terminated from her position with Walmart because it perceived her as disabled.

Yesenia Gonzales filed a complaint on Dec. 20 in the Fresno County Superior Court against Walmart Inc., Rodrigo Rivera and Does 1 through 20 over alleged violation of the Fair Employment Housing Act and other counts.

According to the complaint, on June 18, 2013, Gonzales began working for Walmart as an associate at a store in Kerman.

The suit states in February 2016, her health care provider prescribed work restrictions regarding lifting, pushing or squatting because of a medical condition. The plaintiff alleges she notified the store and personnel managers of the restrictions but she was not assigned to any different to duties.

The plaintiff alleges she took time off from work to care for her medical condition in May and June 2016 and was terminated Aug. 2, 2016.

The plaintiff holds Walmart Inc., Rivera and Does 1 through 20 responsible because Walmart allegedly terminated her because it perceived her as disabled and because it did not want to accommodate her medical condition.

The plaintiff requests a trial by jury and seeks judgment for all damages, reinstatement, costs of suit and such other and further relief as the court may deem just and proper. She is represented by Amanda B. Whitten of Bryant Whitten LLP in Fresno.

Fresno County Superior Court case number 18CECG04560

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Bryant Whitten LLP Fresno County Superior Court

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