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Lawsuit involves retaliation and different accounts


Parties to civil litigation often present widely different versions of facts. A party cannot prevail in court unless compelling evidence is presented to a jury supporting their case. A recent Napa Valley wrongful termination lawsuit, for example, involves different accounts from the employee who filed a wrongful termination lawsuit against the resort that fired him.

The plaintiff, the former director of facilities for the resort, argued that the resort fired him in retaliation for seeking compliance with the Americans with Disability Act, accurate reporting of water usage and obtaining required permits. This began, according to the allegations, when the defendant assumed ownership of the resort in 2013 and renovations started.

In 2014, the resort did not install ramps between the deck and patio and lifts at hot tubs and pools so that guests with disabilities could use these facilities, according to the complaint. He also charged that he obtained a permit for the drilling of a well in 2015, but the facility did not obtain permits for related electrical and water connections. The resort allegedly refused his other requests to seek legally-required permits.

Additionally, he noted a document error concerning water consumption submitted to local officials. These were ignored by the resort and he was left out of important business meetings.

His suggestion that he focus on water issues and turn over less important matters to anther colleague was rejected. Instead, he was offered a flat monthly rate and his duties were assigned to an outside vendor. A week after a tense meeting with the resort's CEO, he took this offer. The resort allegedly informed him that it accepted his resignation, which he did not offer.

The resort claimed that the water issues took place before its ownership and that it worked with local officials to resolve it after it learned about the problem. The resort also claimed that the ADA issues were solved once they learned about them. The resort described the lawsuit as being driven by the plaintiff's personal agenda and failure to renegotiate his contract.

Lawyers may help workers obtain and present facts necessary for a lawsuit. This can help protect their jobs and right to compensation for wrongful termination.

Source: California Labor Law News, "California wrongful termination lawsuit filed against resort in Napa Valley," Gordon Gibb, Feb. 8, 2018

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