Mesriani Law Group Recovers $50K for Disability Discrimination Victim

Oct. 20, 2014 - PRLog -- Case files revealed that client-employee started working for a California drug and alcohol rehabilitation facility as a counselor and addiction specialist in October 2003. Throughout his employment, he performed his duties diligently and responsibly. He was even held in high regard by his clients for his work ethic, particularly in attending to their needs. But instead of recognizing his outstanding service, his employer subjected him to harassment, discrimination, and retaliation on the basis of his disability, and for violating whistleblowing laws.

On several occasions, client-employee had to perform tasks that were beyond his duties as counselor. His work involved providing individual and group counseling, and to effectively perform his tasks, he did film showings with another group, left them on their own, and then attend the group counseling activity. Apparently, his immediate superiors were aware of it and tolerated it, given how the facility lacked enough employees to satisfactorily cover the tasks around the facility’s location. Thus, client-employee was surprised later on that his superiors use the “unapproved movie showing” as grounds for his termination from the facility.

Also, on several occasions, client-employee had to work more than his share of assignments so that “the boss may save money.” In fact, he had to handle 25 to 30 clients in a group. This, however, is a direct violation of Alcohol and Drug Administration policy of not having more than 15 people in group assigned per counselor. To make matters worse, his boss, the owner/director of the rehab facility, ordered him to have her name written on the group sheet to make it appear as if it was her who counseled the clients.

Additionally, while client-employee was on leave, the owner required one of the employees of the facility to do the group and individual counseling despite knowing that that employee wasn’t certified to perform the tasks. Yet, the owner conveniently disregarded the apparent violation, falsifying documents to bend the prevailing laws in the process.

Meanwhile, prior to client-employee’s hiring at the rehab facility, he was initially diagnosed with Hepatitis C sometime in October 2000. Aside from his medical condition, he also suffered from a broken foot that needed immediate surgery. He informed his boss of his condition around July 2007. For years while being employed with the rehab facility, he requested for some accommodations, including spending less time on computer and/or reducing his task of lifting heavy boxes. However, the owner refused and offered him “to leave if it is too much for you.” Subsequently, he endured a hostile working environment, but out of fear for his job security, he continued on with his duties at the same capacity despite his medical condition.

In July 2011, client-employee informed his boss of his scheduled appointment with the cardiologist, but his boss told him annoyingly that he cannot go. Consequently, she had his work hours unreasonably cut off, complaining that his salary was “too high.” Also, she consistently refused to accommodate and/or grant his requests.

The next year, in April 2012, client-employee was diagnosed with hernia, but when he informed his boss about it and requested for accommodations, she simply refused and continuously ordered him to move heavy boxes around the facility. Subsequent to informing his serious health condition, filing for medical leave, and requesting accommodations from his boss, he was immediately subjected to ongoing severe and pervasive discrimination, harassment, and retaliation as a result of his disability.

In fact, when client-employee filed for medical leave, the boss told him that he can’t have it because “he did not earn it.” He eventually went on medical leave after discussing the matter further with his boss and showing evidence proving that he indeed earned his leaves.

However, upon his return to work, the rehab facility owner/director immediately terminated his employment for allegedly “showing movie about addiction without being cleared by the supervisor and/or using inappropriate language and not being very professional.” In addition, she informed him of the alleged client’s complaints against him. But then, she failed and/or refused to conduct information regarding the alleged behavior. To make matters worse, she threatened him that “she will fight him all the way,” referring to his unemployment insurance claim which he filed soon after getting terminated.

Around May 2013, client-employee filed for unemployment benefits, but was initially denied. On August 2013, on his appeal, the Inland Office of Appeals’ Administrative Judge reversed the earlier decision, thus confirming his eligibility to receive unemployment benefits.

It was evident in the foregoing that the rehab center, particularly its owner/director, harassed, discriminated and retaliated against client-employee. His employer deliberately refused to accommodate his disability and to engage in the interactive process of accommodation of a disability. Because of this, he suffered severe and prolonged emotional distress, depression, stress, and anxiety.

Fortunately, client-employee sought the assistance of the Mesriani Law Group’s reputable employment and labor attorneys, who wasted no time in evaluating his case. Thanks to their topnotch and skilled representation, they were able to secure from the offending party a compromise settlement of $50,000.00, which covered for his lost wages, emotional distress, and other damages he incurred because of the ordeal he went through.

This latest settlement win just proves the Mesriani Law Group’s mettle in providing excellent legal services to its clients who are facing issues of discrimination, harassment, and retaliation in the workplace, hence solidifying further its standing as one of the best law firms in Los Angeles, California.

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