In a compelling legal battle that underscores the complexities of employment law, Michelle Harper has filed a lawsuit against The Salvation Army ARC San Jose. The complaint was lodged on February 13, 2025, in the Superior Court of California, County of Santa Clara, accusing the organization of multiple violations related to disability discrimination and wrongful termination.
Michelle Harper's legal journey began after she faced significant challenges at her workplace due to her health condition. Employed as a Sales Associate at The Salvation Army ARC San Jose since July 2023, Harper alleges that her troubles started when she contracted COVID-19 in December 2023. Despite notifying her employer and providing medical documentation supporting her need for accommodations due to "long COVID," Harper claims that the organization failed to engage in an interactive process or accommodate her needs. "Defendant jumped the gun," states the complaint, highlighting how Harper was placed on leave without proper consideration of her medical restrictions.
The complaint details a series of events where Harper continuously provided medical notes extending her leave until March 1, 2024. However, she was abruptly terminated on February 21, 2024. The stated reason for termination was her alleged failure to provide necessary documentation—a claim Harper vehemently disputes with evidence of communication and documentation sent to management.
Harper's lawsuit accuses The Salvation Army ARC San Jose of violating several provisions under the California Government Code §12940 (FEHA), including discrimination based on disability, failure to accommodate, failure to engage in an interactive process, retaliation, and wrongful termination in violation of public policy. Her case emphasizes that despite being medically cleared to return by March 1st without restrictions, she was unjustly dismissed from her position while still on approved medical leave.
Through this legal action, Harper seeks various forms of relief from the court. She demands compensation for financial losses incurred due to lost wages and benefits. Additionally, she seeks general damages for emotional distress caused by the ordeal and punitive damages aimed at deterring similar conduct by employers in the future. Moreover, Harper requests attorney’s fees and costs associated with pursuing this litigation.
Representing Michelle Harper is Parham Barkhordar from Barkhordar Labor Law Group. The case is being reviewed under Case ID: 25CV458778 by Judge C. Roman at the Superior Court of California in Santa Clara County.