A janitor in Massachusetts has won his age discrimination case against his former employer, Massasoit Industrial Corporation. The 74-year-old man was fired before learning his job had been replaced by a 68-year-old woman. The case had previously been decided in favor of the plaintiff by the Massachusetts Commission on Discrimination in 2007. Massasoit later appealed the ruling in Superior Court. The Superior Court upheld the Commission’s decision that the termination constituted a violation of state laws against age and disability discrimination.
This case of wrongful termination occurred after the plaintiff had worked for Massasoit for 21 years. He started his job in 1986 at the age of 54 as a part time custodian in the outside maintenance department. From 1997, he was performing general custodial work at the Registry of Motor Vehicles (RMV). The worker was a very dependable worker who had never missed a day of work for illness or called in sick to work. His personnel record with Massasoit was spotless.
One day in March of 2007, the plaintiff felt unwell and had to leave work. After being diagnosed with pneumonia, he spent three days in the hospital. He asked his daughter-in-law to notify a co-worker that he would not be coming to work. The co-worker in turn said he would tell their supervisor. Shortly after being released from the hospital, the plaintiff again felt unwell and was readmitted for a heart attack. Again, the same co-worker assured him that he would notify their supervisor of the return to the hospital. This co-worker also visited the plaintiff in the hospital and assured him that the supervisor had been notified.
In May 2007, the plaintiff returned to work with a doctor’s note stating that he was cleared to return to work without any health restrictions, but he was informed by the manager that his position had been terminated. When he asked for a reason, his employer stated that he was fired because he was a so called “no call/no show.” All attempts to retain his employment were unsuccessful. His replacement, a 68-year old woman, was hired June 1, 2007.
The plaintiff filed a complaint with the Massachusetts Commission on Discrimination alleging age and health discrimination, and was successful. He was awarded damages of $55,650 in wage compensation and $35,000 for emotional damages. His attorney’s fees were also covered.
The appeals court decision described the evidence as “more than sufficient” that Massasoit Industrial Corporation regarded the plaintiff as disabled when they fired him.
Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Those Who Have Been Wrongfully Terminated
Discrimination is against the law and if you have been wrongfully terminated, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. will fight to make sure you receive the compensation you are owed. Contact us today to arrange a confidential consultation at our Philadelphia offices to discuss your case. Call us at 215-574-0600 or contact us online.