Thomson v. Keebler
Plaintiff suffered devastating personal losses during a tumultuous time for her employer, the newly consolidated Kellogg's and Keebler companies. Amidst management turnover and corporate reorganization, plaintiff suffered an ectopic pregnancy resulting in two surgeries and two leaves of absence followed by two more unsuccessful pregnancies requiring two additional leaves of absence. Thomson's supervisors expressed dissatisfaction with her job performance, provided her a series of updated performance improvement plans, and, when she did not meet company expectations, fired her. The question posed by this appeal from a summary judgment is whether plaintiff provided sufficient evidence to create a material triable issue of fact that her termination was motivated by a discriminatory animus. Court review the trial court's order de novo and affirm. (Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, 1142.)
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