Former Senior Director Sues Salesforce for Wrongful Termination During Health Crisis

Tech companies are often in the news over allegations of discrimination, harassment, and other workplace misconduct brought forward by their employees. The latest employer to be named in a lawsuit is Salesforce. A former senior director said the company unlawfully fired her while she was taking leave for a “serious health crisis.”

The San Francisco tech giant, which is known for its cloud-based software solutions, was sued for discrimination, wrongful termination, and retaliation in San Francisco Superior Court. Plaintiff Dina Zelikson, a former senior director at Salesforce, claimed in her lawsuit that she was unfairly labeled as “deadwood.” The term is allegedly used to describe “unproductive employees on leave.”

Zelikson joined Salesforce in mid-2020 as a director of global digital marketing and worked there until she was terminated in late 2022. She was laid off as part of Salesforce’s broader workforce reduction efforts, which affected around 10 percent of the company’s workers. According to the lawsuit, Salesforce’s actions not only violated California’s medical leave laws but also raised serious concerns about discrimination and retaliation within the company.

Over time, Zelikson was promoted to a senior director role and developed a positive working relationship with her then-manager, Salesforce Vice President Rick Tolman. However, in August 2022, Zelikson’s situation took a turn for the worse as she faced health challenges related to potential brain tumor recurrence and a high blood pressure diagnosis.

Zelikson’s allegations against Salesforce include claims of discriminatory behavior and retaliation by her superiors. The lawsuit claimed that Tolman began isolating her after she disclosed her health condition. He canceled scheduled meetings and ignored her Slack messages. 

Tolman allegedly described Zelikson as “unreliable” due to her health issues and questioned her ability to carry out her job duties. Eventually, she was reassigned and subsequently terminated. The lawsuit claimed the reassignment was a pretext to demote and push her out of Salesforce entirely.

Despite being approved for a three-month leave of absence, Zelikson received a text message from her new supervisor about being affected by impending layoffs just a month into her medical leave. The lack of clear communication from Salesforce regarding her termination date added further distress to an already difficult situation.

Moreover, Salesforce denied Zelikson long-term disability coverage due to a paperwork error. She is appealing the denial, which her legal team labeled as “bogus.”

Zelikson is seeking a jury trial and unspecified compensatory damages for the economic losses and emotional distress she suffered, along with punitive damages and attorney’s fees. Her lawsuit against Salesforce is not an isolated incident. The case marks the second claim brought by a high-level Salesforce employee in recent months, further underscoring the need for systemic change within the company to address its mistreatment of workers.

Under California law, firing an employee in retaliation for going on medical leave is unlawful. Eligible workers are allowed to take job-protected medical leave for illnesses, medical treatments, chronic illnesses, and other reasons. A worker may qualify for medical leave if their employer has five or more employees and if they have worked a certain number of hours for that employer during a 12-month period.

The federal and California laws surrounding medical leave can be confusing, and it can be difficult to understand which ones apply to your situation. If you are unsure about whether your employer is violating your medical leave rights, discuss your concerns with an experienced San Francisco employment lawyer who can provide guidance.

While McCormack Law Firm was not involved with this lawsuit, we remain committed to advocating for justice and accountability on behalf of San Francisco workers facing similar challenges in their workplaces. If you have experienced discrimination, wrongful termination, retaliation or other types of employment violations, reach out to our skilled San Francisco employment lawyers right away. We are also available to discuss your rights regarding medical leave.

At McCormack Law Firm, we staunchly believe in defending the rights of workers facing unjust treatment in the workplace. Because we are a boutique law firm, we pride ourselves on being able to provide our clients with personalized service and tailored legal representation. Contact us today for a free initial consultation.