One day after being placed on work restrictions due to an injury that occurred at his workplace, John Mercer was fired from his executive director position of two facilities owned by Cardinal Senior Management in Pennsylvania. The lawsuit, which was filed through Mr. Mercer’s attorney, states that Mr. Mercer was hired on July 1, 2019, and fired September 6, 2019, nine days after he injured his shoulder while moving a freezer at one of the Senior Living Centers where he was employed.
A physician assistant determined after an evaluation that Mr. Mercer would likely need rotator cuff surgery, and he was placed on work/activity restrictions that included no lifting, pushing, or pulling items in excess of 10 pounds, limited use of his right arm, and no overhead work.
The lawsuit alleges that on September 5, 2019, Mr. Mercer informed Cardinal Senior Management that he was being placed on work restrictions due to the shoulder injury he sustained at work. On September 6, 2019, Mr. Mercer received a phone call from the founder of Cardinal Senior Management who told him he was being fired. Mr. Mercer on the same day was evicted from his on-site apartment provided at one of the facilities where he was employed as part of his employment terms.
Since Mr. Mercer refused to sign a document relating to his firing, he was provided with a termination letter that read, “ On September 5, 2019, we were notified of your recently prescribed modified duty restrictions from Workplace Health effective September 5, 2019…. Cardinal Senior Management would have been able to accommodate these restrictions had you not been terminated from employment due to insubordination.” Mr. Mercer alleges in the lawsuit that he was told by the founder of Cardinal Senior Management by phone that if he would “leave quietly like a gentleman” and sign the document, that the company would provide two weeks of severance pay.
Mr. Mercer is requesting a trial by jury regarding all issues related to his claim.
Compliance Perspective
Issue
Failure to follow federal and state laws regarding provision of reasonable accommodations for employees who sustain an injury at work may be considered workplace discrimination and may result in the Equal Employment Opportunity Commission (EEOC) filing a lawsuit against the nursing home.
Discussion Points
- Review policies and procedures regarding state and federal regulations for providing reasonable accommodations to employees who sustain an injury at work.
- Train appropriate staff about requirements to provide reasonable accommodations to employees who sustain an injury at work.
- Periodically audit to ensure that all employees are aware of their rights to reasonable accommodations and what may be considered discrimination and the facility’s policies.
FOR MORE INFORMATION ON THIS TOPIC view: KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
