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LOS ANGELES (CNS) - Former Disney CEO Michael Eisner and his wife, Jane, reached a tentative settlement with a former property maintenance worker who sued them alleging he was wrongfully fired because of his age and disability and for taking medical leave during the coronavirus pandemic, attorneys told a judge today.
On Friday, lawyers for Oscar Rene Linares filed court papers ahead of Monday's post-mediation status conference before Los Angeles Superior Court Judge Terry A. Green stating that the case was conditionally resolved. No terms were divulged.
Linares brought the suit in December 2020, alleging wrongful discharge, disability and age discrimination, harassment, retaliation and various state Labor Code violations.
In their court papers, the Eisner attorneys stated that Linares was not entitled to recover any damages because the Eisners acted ``reasonably and in good faith.''
Last March, the judge denied a motion by the Eisner attorneys to strike Linares' punitive damages claim.
The Eisners own five Malibu properties that need daily maintenance and upkeep by numerous employees, including Linares, who worked for the couple for 13 years, according to his court papers, which stated he is more than 40 years old, but did not specify his exact age.
Linares was a handyman and laborer whose duties included washing down driveways, cleaning windows, painting, sanding, changing fixtures and doing various repairs, according to the suit, which says he took instructions from a supervisor and had one helper.
After Linares had a heart attack in 2018, his boss began harassing him, saying that he was too old and asking him when he would be retiring, the suit alleged. The supervisor also allegedly told Linares he was too slow and not strong enough.
Linares says he told the supervisor in March 2020 that he would be having knee surgery and his request for a month off to recuperate was approved. Linares' doctor told him on March 30, 2020, that his heart condition placed him in danger of serious medical complications from the coronavirus and gave him a note requesting accommodations from the Eisners, the suit stated.
However, Linares' boss did not offer any accommodations and instead ordered the plaintiff to remain at his residence and use two weeks vacation time, the suit alleged.
Linares says he told his boss in April 2020 that he was ready to return, but he was told to stay at home under the state coronavirus health order even though other Eisner employees were allowed to resume their jobs.
Linares was never told when he could return and instead received a note June 1, 2020, stating that he was fired, effective five days later, because his position was eliminated, according to his court papers.
``Plaintiff was shocked that he was terminated,'' the suit stated.
``He felt that it was discriminatory, given the age-biased comments he had been enduring.''
Linares alleged that his position was not eliminated and that he was replaced by a younger worker who does not have a disability, has not requested accommodations and has not complained of discrimination.
Linares also alleged that in retaliation for hiring a lawyer to assess his rights, he received four weekly severance payments instead of the six months he was promised.
Eisner, now 79, was Disney's CEO from September 1984 to September 2005 and was president and CEO of Paramount Pictures from 1976 to 1984.