Disability Discrimination: Workplace Injury

Workplace Injury Discrimination: Joe's Story

Joe, a dedicated warehouse manager in Massachusetts, faced a challenging situation after a workplace injury left him with a finger he couldn't straighten. Rather than receiving the support he needed, he encountered resistance when reporting the incident to his employer.

Despite his dedication, Joe was actively discouraged from filing a workers' compensation claim, with the company offering to cover only out-of-pocket treatment costs. Seeking urgent care, Joe was instructed to keep his finger splinted for 6-8 weeks, affecting his daily life activities.

However, things took a concerning turn when, three weeks post-injury, Joe was informed of a COVID-related layoff, supposedly permanent. What raised suspicions was the company immediately advertising his position.

Discrimination Law Solution
Joe's case involved potential disability discrimination and retaliation for reporting a workplace injury, even though he hadn't filed a workers' compensation claim due to employer discouragement.

Our team took action, filing a complaint with the Massachusetts Commission Against Discrimination ("MCAD"), which was subsequently moved to Superior Court. Through this process, we secured a favorable settlement for Joe.

Postscript
Joe's termination reason, attributed to COVID-related layoffs, was a clear example of pretext. The company's immediate posting of his position exposed a different motive. If you find yourself in a similar situation, where your layoff seems suspicious, consulting an employment attorney can help uncover whether the true reason is unlawful.

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