Eric Spry — ADJ11132673

Applicant Eric Spry was terminated by his employer Infracore, LLC on March 23, 2018, and the WCJ found this termination violated Labor Code section 132a, awarding the maximum $10,000 penalty plus reinstatement and recovery of lost wages and benefits. Defendant sought reconsideration, arguing the evidence was insufficient to establish a prima facie section 132a claim or damages, and that it had established a legitimate business necessities defense based on downsizing. The Appeals Board found that the WCJ credibly determined applicant was qualified for several open positions for which defendant was hiring without giving him an opportunity to apply, undermining the downsizing defense. The Board accorded great weight to the WCJ's credibility determinations under Garza and denied the Petition for Reconsideration. The Board also noted a procedural correction regarding service of final decisions, advising that district offices should serve all parties rather than designate a party to do so.