My Brother Was Fired Yesterday

[roz]

He is 64, diabetic and about to have major surgery to insert a titanium rod in his neck to stop the muscle deterioration in the right side of his body (they think that was caused by a car accident over 10 years ago in which someone hit him--but they cannot prove that now)--what damage there is can never be reversed so he will be permanently disabled. It has gotten so bad recently that he can't lift 5 pounds with his right arm. He works as an appliance repairman for a company in Delaware that bought out the company he originally worked for. He has been with them for just one week shy of one year (he was with the company they bought out for about two years--prior to that he had his own company in NYC for many years). Last month he submitted the paperwork for leave for his surgery. They never said it was approved or not--only advised him that they did not have disabilty insurance. He has also written up the vehicles for having bald tires and other major safety problems. Safety is not a factor there--they don't have steps to the warehouse--just concrete paver blocks piled up to the loading dock--very wobbly. Oh and they have commented about his religion on a few occasions. And they would give him grief about his occasional doctor appointments to manage his diabetes and the deterioration of his muscles.

He has had no official performance review but did receive a pay raise six months into the process in May after completing their "probationary" period. He has many letters from happy customers. The company knew about the need for the surgery earlier this summer and asked him if he could postpone in past the busy summer season (this is Bethany Beach--a shore resort area). He obliged--causing further deterioration. They also never gave anything in writing regarding benefits and rules--which is a no no in Delaware. They knew he was diabetic but scheduled him so that he never had time to eat--but communicated that they would not pay for speeding tickets. So either he drove at a legal speed and failed to eat, or he broke the law and ate.

So, yesterday they called him in and told him he was too slow (because he is older and disabled and they don't give him the specialized tools he needs for complex jobs--he has to rig up tools--which takes time).

So, we have age, ADA, OSHA, Whistleblower, religion, FMLA, retaliation and stupidity. I told him he should push for $3.5 million!

I advised him to file under the state laws because the Civil Rights Act of 1991 on the federal level gives him compensatory damages but caps them. The state laws have no caps.

He went to the Delaware DOL today to file for Unemployment and file a Charge of Discrimination under the Delaware Discrimination in Employment Act, Title VII, ADEA, ADA and the Delaware Whistleblower's Protection Act. But they were closed due to the election! So now that he knows he has 90 days to file, he wants me to draft his stuff for him. I told him it's gonna cost him a trip to Italy for me when he wins!

Does anyone know a shark like lawyer in Delaware? My brother will make a very good witness. He is very handsome and well spoken. And he knows his stuff and has established allies.

Wow this is more exciting than my federal DOL wage and hour audit that we had at work this summer. I cut the investigator to ribbons. This will be more fun cause it's family!

Oh and today, upon further questioning I learned that he never received his Summary Plan Description for his health insurance. So, now we have ERISA violations too!

This is like a Julia Roberts movie... (although who is she playing in this movie????--no one I know!)

[Kristie]

she might be playing your part! I know of a lawyer in Atlanta, but not one in Delaware... sorry!

good luck to your bro!

[MQAAord]

Crap like that is why we have the labor laws we do!

Hope your brother sticks it to 'em good. Wish I knew any/some lawyers......

[roz]

[ QUOTE ]
Kristie said:
she might be playing your part!

[/ QUOTE ]

Now that is FUNNY!