Disability

Disability, Failure to Engage, Failure to Accommodate

Plaintiff worked for company for 40 years. At age 62, she underwent a knee replacement. She was instructed by her employer that she could not schedule physical therapy during work hours. When she complained that the instruction was illegal, she was fired. Employer did not deny any of the factual allegations but denied she was terminated because of her physical disability.

Plaintiff suffered a psychiatric episode at work, including claiming to have brought a gun to work because he was afraid his coworker was going to kill him. He was sent home for a week and told to return to work after securing a note from his doctor clearing him psychologically for work. Plaintiff never returned to work because he did not have a psychiatrist to write his note.

30-year-old male employee with Multiple Sclerosis sought and was given work accommodations for his physical limitations. Before and after his diagnosis, he exhibited performance problems for which he was eventually terminated. Plaintiff claimed he was terminated only after he disclosed his diagnosis and argued the lack of documentation supported his theory.

Plaintiff was involved in a car accident during an off-site work inspection. She reported the accident to her employer and sought accommodations, including the ability to work from home four days a week and on site one day per week, with four hours worked on-site that day and the remaining time working remotely. Employer offered other accommodations which Plaintiff refused, and she was placed on an unpaid leave until she could return to work under the offered accommodations or otherwise work full-time on site.

Plaintiff worked in customer service at a medical provider. Before she took her job with Defendant, she was assaulted at home and suffered significant physical injuries. During her employment, these physical injuries required treatment and she took a leave of absence. During her leave, there was a change in disability providers and communications were lost. Plaintiff was terminated for failure to provide ongoing medical certifications for her continued leave; however, Plaintiff had provided the certification which was not provided by the disability company to the employer. Once the discrepancy was discovered, the parties found a path towards beneficial resolution.