Home/Case Law/MELANIE MEDBERY vs. PAYLESS SHOE SOURCE, INC.
Regular DecisionReconsideration

MELANIE MEDBERY vs. PAYLESS SHOE SOURCE, INC.

Filed: Jun 01, 2009
San Francisco
ADJ3566620 (SBR 0331934) ADJ3758235 (SBR 0336076)

CompFox AI Summary

The Workers' Compensation Appeals Board denied Payless Shoe Source's petition for reconsideration. The Board upheld the finding that the applicant sustained an industrial injury to her right knee and lower extremity. Crucially, they affirmed the administrative law judge's determination that Payless violated Labor Code section 132a by unlawfully terminating the applicant. The employer's stated reason for termination, a violation of the attendance policy, was deemed pretextual and not supported by the evidence or the company's own handbook.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Payless Shoe Source's petition for reconsideration. The Board upheld the finding that the applicant sustained an industrial injury to her right knee and lower extremity. Crucially, they affirmed the administrative law judge's determination that Payless violated Labor Code section 132a by unlawfully terminating the applicant. The employer's stated reason for termination, a violation of the attendance policy, was deemed pretextual and not supported by the evidence or the company's own handbook.

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