Woman Sues Boss Over Rush-Hour Traffic

Jun 26, 2014 Full story: WIBA-AM Madison 13

Rush-hour traffic is a pain, but can it qualify you for a disability? A New Jersey woman is trying to make her case in court against a former employer, reports the Courier-Post .

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Mitts Gold Plated Taliban

Philadelphia, PA

#1 Jun 26, 2014
Andrea DeGerolamo could take a DeGerolimo to work.

Problem solved.

“frequently laughing”

Level 8

Since: Apr 09

Hotel California

#2 Jun 26, 2014
Mitts Gold Plated Taliban wrote:
Andrea DeGerolamo could take a DeGerolimo to work.
Problem solved.
Do you think she has a case?
Mitts Gold Plated Taliban

Philadelphia, PA

#3 Jun 26, 2014
Always Wary wrote:
<quoted text> Do you think she has a case?
It sound -lamo, but how should I know if she's genuinely depressed?

I don't understand why it's some sort of workman's comp claim - says against her employer - rather than a Social Security claim. I mean, if she's disabled. Does workplace disability pay more or something? I don't know anything about the law; I just act here as internetz defense attorney for many of the Offbeat story perps.

“frequently laughing”

Level 8

Since: Apr 09

Hotel California

#4 Jun 26, 2014
Mitts Gold Plated Taliban wrote:
<quoted text>
It sound -lamo, but how should I know if she's genuinely depressed?
I don't understand why it's some sort of workman's comp claim - says against her employer - rather than a Social Security claim. I mean, if she's disabled. Does workplace disability pay more or something? I don't know anything about the law; I just act here as internetz defense attorney for many of the Offbeat story perps.
I watched a news story on it, they had a lawyer on that said she does have a claim (of course). She was out on disability but returned then they canned her. The lawyer also pointed out the company is a multimillion dollar company, that seems to imply they could get along without her so they can afford to pay her not to work as well?!??!

You got me, I still have no idea if it is frivolous or not.
Mitts Gold Plated Taliban

Philadelphia, PA

#5 Jun 26, 2014
Always Wary wrote:
<quoted text>She was out on disability but returned then they [immediately?] canned her.
If that much is true then it would seem she has a case against the employer for some sort of wrongful termination. But again, I don't actually know this stuff.

It seems weird that traffic would make someone truly despondent. Usually it's the gas and tolls that do that....
Meanie

Ferndale, MI

#6 Jun 26, 2014
Mitts Gold Plated Taliban wrote:
<quoted text>
If that much is true then it would seem she has a case against the employer for some sort of wrongful termination. But again, I don't actually know this stuff.
It seems weird that traffic would make someone truly despondent. Usually it's the gas and tolls that do that....
Unless she has a contract with the company, she's is an "at-will" employee. Therefore, they don't need a reason to fire her. They can simply say, "she wasn't fitting in".

She doesn't have a case because remedies could have been found such as providing a different work schedule and/or finding an alternate route.

Bottom line, I view it as a pure case of laziness and this is an excuse to follow the rest of this pathetic "ME" society who want to gain something for doing nothing.
Parden Pard

Whitehall, PA

#7 Jun 26, 2014
DA BITCH,,, don wan to work,,,,,period.....!
Mitts Gold Plated Taliban

Philadelphia, PA

#8 Jun 26, 2014
Meanie wrote:
<quoted text>
Unless she has a contract with the company, she's is an "at-will" employee.
Even at will employees are protected from firing for many sorts of reasons. That doesn't mean they can't be fired, period, but they can't be fired just for coming back from a health issue (I think,) for charging sexual harassment, for whistleblowing, for their race or gender, to name some examples. Everyone knows this.

I don't know the particulars of her claimed health issue, but my posts all expressed a degree of skepticism.
Meanie

Ferndale, MI

#9 Jun 26, 2014
Mitts Gold Plated Taliban wrote:
<quoted text>
Even at will employees are protected from firing for many sorts of reasons. That doesn't mean they can't be fired, period, but they can't be fired just for coming back from a health issue (I think,) for charging sexual harassment, for whistleblowing, for their race or gender, to name some examples. Everyone knows this.
I don't know the particulars of her claimed health issue, but my posts all expressed a degree of skepticism.
What you're missing is proof. Prove the reason they were fired. An employer can say anything as to the reason. Unless someone has proof of the real reason, fired is fired and not much protection prevails.

Returning from a health issue isn't enough unless she was promised her job upon return. If so, they can have her return for a week then let her go. There are far too many variables and the only chance an ex-employee has is the sympathy of their peers in a court of law.
Mitts Gold Plated Taliban

Philadelphia, PA

#11 Jun 26, 2014
Meanie wrote:
<quoted text>
What you're missing is proof.
Yeah, I already said I don't have all the facts about this specific case.

"At will" does not mean the employer may fire an employee for just _any_ reasons, as I explained. There are certain reasons an employer cannot fire even an at will employee for.

So if the employer had some reason for the firing other than disability - a protected category - then the employer will be able to document that reason.

Of course a lot of employers just assume they can fire any employee for any reason, and often just openly state a legally actionable "reason" for a firing.

I just don't have all the facts about this case. "The traffic made me clinically depressed" raised everyone's notice here, however.
All That Matters

Medford, NY

#12 Jun 27, 2014
Does she have nice hooters?
Tea Bag Residue Cleanup

Philadelphia, PA

#13 Jun 28, 2014
All That Matters wrote:
Does she have nice hooters?
"Honkers," you must have meant.

This is about driving to work....
The boss

Medford, NY

#15 Jul 9, 2014
Tea Bag Residue Cleanup wrote:
<quoted text>
"Honkers," you must have meant.
This is about driving to work....
Sometime I drive my secretary at work..

8-)

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