In recent news, a former manager filed a mental disability discrimination and wrongful termination lawsuit alleging ADP violated labor law.

The Case: Nathanael Rutledge v. ADP

The Court: U.S. District Court Southern District of California

The Case No.: 3:2022cv00898

The Plaintiff: Nathanael Rutledge v. ADP

The plaintiff in the case, Nathaniel Rutledge, was a manager for ADP from March 2019 until the company terminated his employment on August 27, 2021. After the death of his brother, Rutledge was instructed to join a video call with ADP’s Director of Associates, Sonya Everett, and Lead Investigative Security Agent, Michael Paulhus. Everett told Rutledge they were conducting a wellness check because there were indications Rutledge was “struggling.” According to the plaintiff, they did not indicate what prompted the situation. They immediately began asking a series of questions that felt like an interrogation, repeatedly demanding the plaintiff turn on the camera even though he wasn’t feeling well and was uncomfortable doing so. After Rutledge said he didn’t want to continue the call without being told what the meeting was about, the company placed him on leave and advised him he was required to obtain clearance from their Employee Assistance Program (EAP) provider before returning to work. Rutledge assured the EAP counselor he had no mental issues that affected his work, but the counselor recommended Rutledge see a therapist anyway. He did not, and two days later, the counselor sent a letter to the defendant notifying them of Rutledge’s non-compliance. When Rutledge was again invited to a video call the same day, he declined, stating that the last one made him very uncomfortable. Rutledge was fired the next day. The company claimed his refusal to take the video call was insubordinate. The company claimed they terminated his employment because he refused to participate in ongoing psychological treatment.

The Defendant: Nathanael Rutledge v. ADP

The plaintiff Rutledge filed disability harassment, wrongful termination, and emotional distress claims. The defendant in the case, ADP, is a payroll services company.

The Case: Nathanael Rutledge v. ADP

FEHA explicitly prohibits an employer from harassing an employee because of a mental disability. To successfully argue a disability harassment claim, the plaintiff must show the following:

(1) they are a member of a protected class

(2) they were subject to unwelcome harassment

(3) the unwelcome harassment was based on their protected status

(4) the harassment unreasonably interfered with their work performance (by creating an intimidating, hostile, or offensive work environment); and

(5) the defendants in the case are liable for the harassment

However, for the case to move forward, the plaintiff must only show that the defendant regarded them as disabled, thus creating a protected class and making them a part of the protected class. The defendant’s immediate motions to dismiss were denied.

If you have questions about how to file a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.