A federal court in Connecticut has held that a jury could reasonably find that a cellphone company doing business as Verizon Wireless discriminated against an employee because of his disability. The employee, Edward Green, had a history of chronic back pain stemming from a back injury that required surgery. He worked for Verizon Wireless as a customer service representative who fielded customer calls and attempted to resolve their complaints.
Mr. Green suffered an exacerbation of his back pain that required him to take leave. He was worried about taking leave because his supervisor had told him in the past that employees who took sick leave could be fired and if anyone had any complaints about that, they could be fired for their complaints. While on leave, Mr. Green’s supervisor told him multiple times not to take too much leave and that he could be fired. Eventually that is exactly what happened—Verizon Wireless fired Mr. Green while he was on leave.
Verizon Wireless argued to the court that it fired Mr. Green because he experienced five disconnected calls and it fired any customer service representative with five disconnected calls. But Mr. Green said no one ever communicated this supposed rule to him; it also did not communicate the rule to other employees; and Verizon Wireless never put the rule in writing. Verizon Wireless presented evidence of other customer service representatives who it claims it fired for violating this rule but many of them had significantly more than five disconnected calls. Due to this evidence, and other evidence presented, the court determined that a reasonable jury could determine that Verizon Wireless did not actually terminate Mr. Green for violating this alleged rule and, instead, fired him for taking medical leave for his back pain.