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Another Winning Verdict For A Spitz Client

by | Jun 27, 2024 | Disability Discrimination, Employment Discrimination, Employment Law, Firm News, Retaliation, Wrongful Termination |

I am happy to report another Spitz, The Employee’s Law Firm Arbitration Hearing win. Attorney Trisha Breedlove represented Joanna Altier against Charter Communications, LLC. in a disability discrimination and failure to accommodate case. In the case, Altier’s requested an accommodation, but Charter denied her request. The Hearing showed Charter failed to engage in the interactive process to provide Altier an accommodation. Instead, Charter ignored Altier’s request and began retaliating against Altier.

Charter retaliated against Altier by issuing write-ups for absences, which had it granted her accommodation request, she would not have received. Just two months after Altier requested an accommodation, Altier came into work on, and was instructed by human resources to go home. Altier had no choice but to listen. Upon her return, she was issued a final written warning for a no call no show, which the evidence presented that is simply not what happened. During the Hearing, the witnesses admitted Altier did appear for work. Altier immediately disputed the final written warning, but nothing happened. Charter had its mind made up it wanted Altier to be terminated. Four months after Altier requested an accommodation, Charter terminated her for an absence, that, again, had Charter provided an accommodation, Altier would not have received.

The Arbitrator concluded that had Charter granted Altier’s request for accommodation, the absences in that resulted in a final written warning would not have occurred, and thus there would not have been cause for the termination. It is also likely that no other attendance discipline would have been needed.

Ultimately, the Arbitrator found that Charter’s actions did not comply with the Americans with Disabilities Act and its Ohio counterpart, Ohio Rev. Code §4112.02.

Prior to the Hearing, Charter would not offer any monetary value to settle. Our demand heading into Hearing was $15,000.

After a three-day Hearing, the Arbitrator returned a verdict for $21,895.00 which goes directly to Altier and awarded attorney fees in the amount of $54,000.00.

Regardless of the size of the case, it is important to try cases to the jury or the Arbitrator when the facts warrant it. Not only were we able to give Ms. Altier the opportunity to have the Arbitrator decide in her favor but trying cases in Arbitrator Hearings let’s all defendants (respondents in the case of Arbitration) and their counsel know that we are not bluffing and will take this case to a hearing. This experience and willingness to try cases makes employment cases worth more. Employers and their employment lawyers are not only evaluating the merits of the facts but the experience and skill of the employee’s attorneys.

When looking for an employment attorney or employee’s rights law firm to represent you in disability discrimination, wrongful termination or any other type of employment case, the first questions to ask is how many cases has your firm tried to a jury and what were the results.

How do I know if my job unlawfully refuses to accommodate my disability?

If you have asked your employer to provide a disability accommodation under the ADA and don’t think they have acted legally, it would be best to call the right attorney to schedule a free and confidential consultation. (Read: What is the Spitz No Fee Guarantee?Why Having Skilled Employment Attorneys Is CriticalEmployment Law: Avoid Hiring The Wrong Attorney). Call our lawyers in Ohio, Michigan, North Carolina, and Kentucky to get help now. Spitz, The Employee’s Law Firm and its experienced attorneys are dedicated to protecting employees’ rights and solving employment disputes.


These discrimination and wrongful termination materials are for informational purposes only and not for the purpose of providing legal advice. Use and access to Spitz’s employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, attorney Brian Spitz, or any individual attorney.

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