Wilkin v. Community Hosp. of the Monterey Peninsula, 71 Cal. App. 5th 806 (2021)

Kimberly Wilkin worked as a registered nurse for the Community Hospital of the Monterey Peninsula before the hospital terminated her employment following its discovery she had violated the hospital’s policies governing the handling and documentation of patient medications. After her termination, Wilkin sued the hospital for wrongful termination and discrimination based upon an alleged disability and retaliation in violation of the California Family Rights Act and the FMLA. Based on undisputed evidence of Wilkin’s history of poor attendance and discrepancies in the medication documentation (including for controlled substances) she had prepared for patients, the trial court granted the hospital’s motion for summary judgment. The Court of Appeal affirmed, holding that the hospital presented evidence of nondiscriminatory reasons for terminating Wilkin’s employment that Wilkin failed to establish were mere pretext for discrimination.