Attorney James Sabatini defeated Verizon Wireless' motion for summary judgment in a disability discrimination and failure to accommodate employment case. Our client was injured on the job. Because of the injury, he needed to take a leave of absence. Verizon Wireless terminated the client's employment while he was out on the leave of absence.
In general, a leave of absence constitutes a reasonable accommodation. A leave allows a disabled employee to receive medical attention and treatment so that he can return to work. Employers who terminate disabled employees while out on a leave of absence do so at risk of being found liable for damages because the termination likely violates the Americans with Disabilities Act (ADA).
As to whether the leave of absence in a specific case is reasonable depends on a multiple factors. If you are on a leave of absence and believe that your employer is attempting to terminate your employment or if you have been terminated already, it is crucial that you contact us to discuss your rights.