Roque vs Octapharma Plasma Inc

Case Background

On May 11, 2021, Alice Roque filed a wrongful termination case against Octapharma Plasma Inc., alleging she faced a hostile work environment including failure to accommodate and age discrimination. The case was filed in the Superior Court of San Diego County. Judge Blaine K. Bowman presided over this case. [Case number: 202100020936]

Cause

Defendant Octapharma Plasma, Inc., a national plasma fractionator, operated facilities across the United States, including in San Diego, California. Plaintiff Alice Roque was 74 years old when she was wrongfully terminated. Defendant hired her in February 2002 as a “Senior Medical Screener II - Licensed” at its San Diego location. She worked there for approximately nineteen years until her termination in February 2021. The alleged reason for her termination was her age, disability, and requests for reasonable accommodations. Throughout her tenure, Plaintiff was one of the older employees, being the second oldest at her location. As older employees became fewer, Plaintiff faced increasing age-related discrimination and harassment. Defendant’s Center Director, Shaun Karmikels, made inappropriate comments about her age and performance, contributing to a hostile work environment. In February 2021, Defendant reassigned Plaintiff to a physically demanding role that worsened her back pain. Plaintiff reported her pain to her supervisor, Shannon Wilkinson, who suggested she resign. Plaintiff refused. On February 24, 2021, Plaintiff called in sick due to her back pain and sought medical care. Her doctor placed her on medical leave until March 4, 2021. Despite notifying Defendant and requesting reasonable accommodation, Defendant’s regional director, John Fulcher, claimed on February 26, 2021, that Plaintiff had resigned. Plaintiff denied this and wished to continue working. On March 1, 2021, another supervisor informed her that Defendant had not accepted her resignation, but Defendant continued to treat her unfairly. On March 4, 2021, Plaintiff’s medical leave was extended until April 3, 2021. Plaintiff provided this information to Defendant. However, on March 18, 2021, Karmikels wrongfully terminated her, claiming her verbal resignation was accepted. Karmikels also falsely stated that Plaintiff could not claim workers' compensation. Plaintiff, confused and upset, stated she had not resigned and was still on medical leave. A few days later, Plaintiff received her final paycheck, confirming her wrongful termination. Despite her protests and desire to keep her job, Defendant ignored her attempts to rectify the situation. Plaintiff’s email to Mr. Fulcher requesting reinstatement went unanswered. Defendant's claim that Plaintiff resigned was false. Before March 18, 2021, Defendant knew of Plaintiff’s age, disabilities, and need for medical leave. Despite her providing doctors’ notes confirming her need for leave, Defendant, along with Karmikels, sought to remove her using harassment and fabricated excuses. The termination was based on Plaintiff’s age, disability, and requests for accommodations, demonstrating