Sunday, July 17, 2011

ADA Violated for Hasty Firing After FMLA time off

Another Americans with Disabilities Act case that workers in Pittsburgh, Pennsylvania will be interested in is Fadako v. Omega Technologies. This was a situation where the timing of the workers termination was extrememly close in time to the protected activity of a claim for time off under the Family Medical Leave Act. As you will see, there was no long-standing conspiracy to fire this worker just one hasty termination for an obvious reason that came back to bite the employer.

In September 2005, plaintiff John T. Fadako began working in the Philadelphia office of Omega Technologies Inc., working as a network operations manager for the company's project for the federal Bureau of Labor and Statistics, pursuant to a contract with the federal government.

Fadako claimed that throughout his employment with Omega, he suffered from a serious, preexisting back condition caused by two herniated discs, which resulted in substantial pain and significantly limited his daily living, including walking. However, Fadako said he was able to "competently and diligently" perform his job duties for Omega. But in 2007, Fadako claimed that his back condition became more severe, requiring him to seek increased medical intervention and treatment. In April, Fadako, understanding that his condition warranted the use of leave time under the Family Medical Leave Act (FMLA), contacted Omega's human resources director to request the necessary FMLA paperwork. On April 25, Fadako's medical provider completed an FMLA form that informed his employer that he was suffering from a "chronic condition" that would "require periodic visits for treatment" and may cause "incapacity."

A week and a half later, on May 3, Fadako was terminated via telephone by Omega's president. Fadako claimed the president indicated that his termination was necessitated by his medical condition, and that Fadako's direct supervisor then circulated an email to staff members asserting that Fadako was no longer employed "due to medical reasons."

Fadako sued Omega for violation of ADA, maintaining that his termination was motivated by defendant's desire to discriminate against plaintiff due to his disability and/or perceived disability.

Omega denied any wrongdoing and entered into a stipulation for entry of judgment with the plaintiff.

The parties settled for $75,000 prior to trial. Share this post :
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1 comment:

  1. ADA Violated when firing after the time off of FMLA. They strictly condemned this activity and protest against this activity. They highly demand that arrest those people who did this activity.Thanks.

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