A 68-year-old former season ticket sales rep for the Music Center is suing his ex-employer, alleging he was wrongfully fired in 2019 for taking a lengthy medical leave of absence.
Michael Smith also alleges in his Los Angeles Superior Court lawsuit that not long after he began his leave, a supervisor told him that the Center Theatre Group of Los Angeles management frowned on employees who went on disability leave.
Smith further alleges retaliation and disability discrimination in the suit filed Monday, and is seeking unspecified compensatory and punitive damages.
A Center Theatre Group representative could not be immediately reached for comment.
Smith worked for the Center Theatre Group for 18 years, most recently selling season ticket subscriptions primarily for the Ahmanson Theatre, the suit states. He was never given any written warnings or placed on work probation and he always met his sales quotas, according to his court papers.
Smith says he suffers from arthritis, tendonitis and a shoulder injury and underwent knee replacement surgery four years ago. In November 2018, he was treated by a physician who recommended that he go on medical leave that month, according to his lawsuit, which says he asked for 16 weeks of leave.
A human resources representative said his request was denied because he had not worked a minimum of 1,250 hours for one year and that he would be put on unpaid leave for the duration of his absence, the suit says.
Smith’s leave began in November 2018 and he obtained disability benefits from the state. A few months into his leave in early 2019, Smith alleges his boss called him and asked, “Why do you want to come back to this job? Why don’t you just resign? You can always reapply. The company frowns on people on disability.”
Smith was “shocked” at his boss’ “blatantly discriminatory and appalling remarks,” did not want to resign and hoped to return to his job as soon as his doctor said he could, according to his court papers. His medical leave of absence was ultimately extended through December 2019 and he provided management with doctor’s notes justifying his leave extension, the suit states.
But in November 2019, while Smith was still on disability leave, he contacted human resources to ask for another extension and was told, “The company has a practice; if you don’t return within a year, you’re terminated,” according to the suit.
Smith asked the human resources representative if he could see the referenced one-year disability leave policy in writing, but was told in response, “I don’t think I can do that,” the suit states.
A short time later, a human resources manager called Smith and told him he was being fired, telling the plaintiff, “Our company has a one-year leave of absence policy, meaning you can only be out for one year and then you are terminated,” according to the suit.