The Law Office of William L. Phalen fights for an injured worker’s right for temporary total disability.

A working mother was wrongfully terminated from her position after suffering a workplace injury and abiding by an agreed upon schedule arrangement with her employer. William L. Phalen fought for her rights and won, with the court granting her temporary total disability.

The claimant working for the employer in this case suffered a workplace lifting injury and immediately reported it through the proper channels. She received conservative care and was given some physical work restrictions that were accommodated. The employer utilizes an attendance program built on a point system. Certain unexcused absences and tardies are assessed as demerit points. Once any probationary employee accumulates more than seven demerit points, they are terminated. The claimant in this case was a probationary employee. 

The claimant is also the mother of three school aged children. Upon engaging in employment with the respondent of this case, the claimant negotiated an agreement that she could leave work on school days at 3:00 pm to ensure her children were picked up after school. It was understood that this agreement did not then violate the attendance policy. Nevertheless, the claimant began receiving demerits for early departures on school day after her work accident. These demerits, along with others, finally culminated to the point of termination. 

Despite lengthy testimony and cross examination, the court found that the respondent’s position, built on hearsay and untested by cross examination, was skillfully argued but not entirely pervasive. The claimant was subject to the rigors of cross-examination and her story, which was fairly challenged, was not destroyed. The direct testimony that the verbal agreement was made thus prevails.

William L Phalen is happy to have fought for this court order and will always continue looking out for those unfairly treated by their employers.

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September 26, 2019