Disabled employee forced to resign when bosses allegedly threaten to drop his health insurance and block his unemployment compensation claim.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Securitas Security Services USA for Disability Discrimination
Richard joined Securitas Security Services USA as a response team member in 2002. The job required a range of manual tasks, including lifting, kneeling, climbing, foot patrols, and searching personnel for contraband. Richard also manages an ongoing condition of lower back pain caused by arthritis and Spinal Stenosis. Since 2011, Richard has been approved for FMLA leave as needed to deal with severe back pain. He never exhausted this yearly FMLA leave.
In January 2017, severe muscle spasms attacked Richard’s back. He visited an urgent care and received a cortisone shot to relieve the pain and spasms. Despite the pain, Richard worked for the next three days, as usual. But, four days after the attack, the pain immobilized his back. Richard called off work and checked himself into the emergency department at the hospital.
Richard also called the HR department and requested FMLA paperwork. Immediately after getting off the phone with HR, Richard received a phone call from his supervisor requesting that Richard attend a meeting the following day. Richard contacted the HR department again about FMLA paperwork. According to Richard, FMLA paperwork was always sorted quickly, but this time, the HR representative claimed she “did not have time to process” the documents.
According to Richard, FMLA paperwork was always sorted quickly, but this time, the HR representative claimed she “did not have time to process” the documents.When Richard arrived at the meeting, his supervisor, manager, and union representative were all present. Richard claims he was asked to resign, but he refused. Richard asserts he was told that if he didn’t resign Securitas would block his claim of unemployment compensation and take away his health insurance. In light of his ongoing disability, Richard resigned.
Of course, Securitas Security Services USA deny these claims. However, the very fact that Richard faced threats to resign in response to FMLA use for a disability casts a questionable light on the company. No one should face employment discrimination due to a disability. KM&A fights on behalf of employees like Richard who are capable and qualified but face illegal discrimination.
Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-00953-CRE
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.