A custodial worker, who was terminated based on his possible mental instability, was awarded $85,000 by a jury of seven people recently. The jury believed the termination was in direct violation of the Americans with Disabilities Act. In June 2008, an arbitrator had vacated the termination and returned Mr. Pleminitas to his job, according to NY Injury Lawyers.
The custodian had been working for local area schools since 1992 and had no prior difficulties with mental distress for that entire 15 years. His supervisor alleges he displayed angry and unstable behavior in March of 2007 and suspended him for 30 days without pay. Superevisors confirm they felt the man was dangerous to others and felt he suffered from anxiety, depression and multiple mental disorders.
The school district refused to place the custodial worker back on its payroll and sought to terminate, stated a NYC Injury Lawyer. Evidence at the trial showed the lack of work and pay caused significant economic hardship and anxiety.
Testimony from the man’s psychiatrist, revealed that the man had been treated for a long time and was never considered dangerous to himself or others nor was he unable to work because of his condition. The psychiatrist pointed out the school’s failure to engage him in the process before terminating the worker and that the disciplinary charges were considered illegal because of this.
“This case represents a tremendous victory for those whose work careers are threatened by baseless stereotypes. This man has shown extraordinary courage and determination in seeing his case to a conclusion. I applaud him for standing up to power and telling the truth,” a New York Injury Lawyer stated.
Being involved in a case causing you mental or physical distress can be difficult to handle for anybody.
Stephen Bilkis & Associates with its NY Injury Lawyers, has convenient locations throughout the N York Metropolitan area including Bayside, NY. Our Personal Injury Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without a New York Injury Attorney you may lose your rights which may cost you a significant amount of money.
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