Home/Case Law/JONATHAN LOYOLA vs. TIM BURKE dba MARIN CUSTOM BUILDERS
Regular DecisionRegular Panel Decision

JONATHAN LOYOLA vs. TIM BURKE dba MARIN CUSTOM BUILDERS

Filed: Nov 06, 2019
San Francisco
ADJ10097589

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed an award of $10,000 plus costs against Tim Burke dba Marin Custom Builders for violating Labor Code section 132a. The applicant's termination was found to be discriminatory, stemming from his industrial ankle injury, rather than job abandonment as alleged by the defendant. The Board found the defendant's stated business reasons for termination were not credible and lacked legitimate business necessity. The award amount was determined to be appropriate based on the applicant's case-in-chief settlement.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed an award of $10,000 plus costs against Tim Burke dba Marin Custom Builders for violating Labor Code section 132a. The applicant's termination was found to be discriminatory, stemming from his industrial ankle injury, rather than job abandonment as alleged by the defendant. The Board found the defendant's stated business reasons for termination were not credible and lacked legitimate business necessity. The award amount was determined to be appropriate based on the applicant's case-in-chief settlement.

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JONATHAN LOYOLA vs. TIM BURKE dba MARIN CUSTOM BUILDERS (2019) – San Francisco | CompFox