Tracy Lemon is an attorney in San Francisco who works for a law firm associated with the insurance company Chubb. Ms. Lemon contends that she was fired from her job "because she is a person with disabilities, requested accommodation, and took medical leave." Chubb contends that Ms. Lemon was fired for "fraudulent and dishonest conduct in connection with misrepresentations [] she made in a declaration filed with the San Francisco County Superior Court in September 2011 . . . [that] sought relief for her failure to timely file opposition papers to a motion for reconsideration."
Justice Needham's opinion involves attorney-client privilege issues, and it is very comprehensive. Things definitely get complicated when attorneys get fired and one party or another wants to use (or get access to) privileged communications to prove its case.
Meanwhile, on the merits, the contrast between the positions of the parties are fairly stark. It's of course important not to fire someone on the basis of a disability.
It's also important not to lie to a court.
