Tennessee workers and workers throughout the United States sometimes need to take time off due to their own illness or injury or an illness or injury of a loved one. Many workers depend on being able to take medical leave and still having their job after they return from that leave. Unfortunately, in some cases when people go on medical leave, their position may disappear and they may not be able to return to work. However, if you feel that you or someone you know has been discriminated against after taking medical leave, then you should speak to an ADA and employment lawyer right away. They will hear your case and make sure you receive the compensation you are entitled to.
According to this lawsuit, Nicole Sullivan started working for the Soho Apple store in 2008. Then in April 2009, she took a medical leave of absence for a nervous disorder, seeking the help of a psychiatrist. She was given disability leave through a company independent of the Soho Apple store and was told that details of her medical condition would not be released to Apple. However, when Sullivan returned to work in August of 2009, she stated that, “it was obvious to her that the store’s employees, and especially its human resources director, were aware of her medical condition.”
Also, according to the lawsuit in Sullivan’s four month absence her job was replaced and she was told that she would remain in a “holding pattern” until her paperwork was found. The lawsuit claims that she was sent to a room in a store’s basement and sat at a vacant desk. “Days went by when she was not assigned a job even after being asked to be assigned to one and some days she had nothing to do.” Sullivan applied for many jobs within the store including a “Genius” position but was told that she had been denied because there were questions about her mental stability.
The lawsuit claims Apple acted in a manner that was of “malice and reckless indifference” to Sullivan’s rights. The lawsuit also claims that Sullivan was denied positions at the Apple store due to a “perceived disability” but Sullivan claims to being cleared by a psychiatrist and was not mentally ill. Sullivan suffered” emotional distress, humiliation and embarrassment” due to the Actions of Apple.
The lawsuit is seeking back pay, front pay, employment benefits and other compensation that had been denied or lost. Sullivan, according to the lawsuit, is also seeking $300,000 in punitive damages for discrimination and violation of the Americans with Disabilities Act.
Cases similar to this one happen too frequently all across the country and even right here to Tennessee residents. If you feel that you or someone you love has been discriminated against because of a disability or medical condition, then we advise you to contact one of our compassionate and knowledgeable ADA and employment attorneys immediately. We care about you and your case and will see to it that you get the compensation that is rightfully yours by law. Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.