A probationary police officer's lawsuit against a city for alleged wrongful termination has been dismissed by the court. Thomas Lim initially filed the complaint in the Superior Court of Los Angeles County on June 4, 2021, against the City of Downey, alleging multiple violations under the Fair Employment and Housing Act (FEHA).
The case centers around events that began in December 2018 when Lim was injured while responding to a traffic collision. After being placed on disability leave due to his injuries, Lim allegedly engaged in physical activities that violated his work restrictions. The City of Downey terminated his employment in November 2019, citing suspected workers' compensation fraud as the reason. According to court documents, Lim denied engaging in such activities during a workers' compensation deposition.
Lim's lawsuit claimed that his termination was an act of disability discrimination and retaliation for requesting reasonable accommodation. He further accused the city of failing to accommodate his disability, failing to engage in an interactive process, and failing to prevent discrimination or retaliation. The City moved for summary judgment, arguing it had legitimate reasons for terminating Lim based on its belief that he committed fraud.
The trial court granted the City's motion for summary judgment, concluding there were no triable issues of material fact regarding Lim's claims. On appeal, Lim argued that several triable issues existed but failed to convince the appellate court. The court and Justices Weingart, Rothchild and Chaney affirmed the trial court's decision, stating that the evidence supported the City's actions as non-discriminatory and non-retaliatory.
Lim sought various forms of relief from the court, including reinstatement to his position and damages for lost wages and emotional distress. However, with both courts ruling against him, these requests were denied.
Representing Thomas Lim were attorneys D. Aaron Brock, Christina R. Kerner, Elizabeth A. Siruno from Brock & Gonzales LLP, and Andrew S. Pletcher from Pletcher Law Firm. The City of Downey was represented by Geoffrey S. Sheldon and Alex Y. Wong from Liebert Cassidy Whitmore LLP. The trial court case was presided over by Judge Thomas D. Long under Case ID B326822.