Maine Employment Lawyer Blog
We are pleased to report a recent victory in the Maine Superior Court on behalf of an employee who alleged he was unlawfully terminated after requesting time off for a necessary medical appointment.
In Szumowski v. New England Concrete Pumping, LLC (Cumberland County Superior Court, Docket No. CV-2024-394), the court entered judgment in favor of the plaintiff under the Maine Human Rights Act (MHRA), 5 M.R.S. §§ 4551 et seq. The case arose from an employer’s failure to accommodate an employee’s disability and its decision to terminate him when he refused to cancel a medically necessary appointment.
The plaintiff had been employed as a concrete pump operator and earned approximately $1,400 per week. After developing a serious wrist condition that substantially limited his ability to perform certain tasks, he sought treatment from a medical specialist. The Court’s Order reflects that despite providing advance notice and repeatedly confirming the need for time off, the employer ultimately demanded that the employee cancel his appointment and that when the employee attended the appointment as planned, he was fired the same day.
After reviewing the evidence and testimony, the court found that:
- The employee had a protected disability under the MHRA;
- The request for time off to attend a medical appointment was a reasonable accommodation;
- The employer failed to accommodate that request; and
- The employee was terminated because he declined to cancel necessary medical treatment.
The court concluded that the termination violated the Maine Human Rights Act.
The court awarded the employee $51,838.02 in lost wages, representing income lost as a result of the unlawful termination. In addition, the court awarded statutory interest and $10,495.00 in attorney’s fees, recognizing the importance of fee-shifting in enforcing Maine’s anti-discrimination laws.
This decision underscores several critical points for Maine employees and employers alike:
- Employers must engage in good-faith efforts to accommodate employees with disabilities;
- Time off for necessary medical appointments is often a reasonable accommodation;
- Terminating an employee for obtaining necessary medical care can expose an employer to liability; and
- Employees can recover both lost wages and attorneys’ fees when their rights are violated.
The employee was represented by Attorney Chad Hansen, with the assistance of paralegal Brendan Bennett. This case reflects our firm’s ongoing commitment to enforcing the Maine Human Rights Act and holding employers accountable when they fail to respect employee rights.
If you believe you have been discriminated against at work or denied a reasonable accommodation, we encourage you to consult with an experienced Maine employment lawyer to understand your options.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice.