Disability Discrimination: Injury
Joe worked as a warehouse manager at a facility in Massachusetts. While operating a forklift one day, he caught one of his fingers in the locking channel. When he got it out, he realized he could not straighten the finger.
When he reported this to his supervisor, he was actively discouraged from filing a workers compensation claim, and told the company would instead cover any out of pocket costs he incurred for treatment. Joe then sought urgent care for his finger. Ultimately, he was told he had to keep it splinted for 6-8 weeks. Though this did not affect his ability to do his job, it did interfere with certain activities of daily living. Three weeks after his injury, the company informed him that there was another layoff due to COVID, this time permanent. Almost immediately thereafter, however, Joe saw that the company was advertising for his position. Discrimination Law SolutionJoe had two possible claims- disability discrimination and retaliation for reporting a workplace injury, even though he did not file a workers compensation claim because he was discouraged from doing so by his employer.
We filed a complaint for Joe in the Massachusetts Commission Against Discrimination ("MCAD"), and subsequently removed it to Superior Court. Once it was filed in court, we were able to negotiate a favorable settlement for him. PostscriptThe reason given to Joe for his termination is a classic example of pretext- the company used COVID and the need to reduce payroll as cover, but immediately posted the position, making it clear that this was not truly the reason for his termination.
If you have been told you are being laid off or terminated as a result of a reorganization or financial pressures, but suspect it was motivated by something else, it is a good idea to consult with an employment attorney to assess whether the true reason was an unlawful one. |
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