What happens when you disappear from work for six months, fail to show up despite warnings, and refuse to engage in meetings that might save your job? According to the United States Court of Appeals for the Eleventh Circuit, the answer is obvious: You can absolutely be fired. In Jonathan Trent Massa v. Teamsters Local Union 79 and United Parcel Service, Inc., the Court rejected Jonathan Trent Massa’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and disability discrimination under Americans with Disabilities Act (“ADA”). Here’s how his wrongful termination case unraveled—and why his refusal to engage didn’t help.
Can I Be Fired If I Can’t Physically Do My Job?
Yes. Massa worked as a part-time preloader for UPS, a physically demanding role requiring heavy lifting and long periods of standing or walking. After a knee injury sidelined him in November 2019, Massa admitted he was unable to perform these essential functions for at least six months. The Eleventh Circuit Court of Appeals held, “undisputed evidence shows that, in the months following his injury, Massa was physically incapable of performing the essential functions of his preloader position.” Massa’s physician even estimated a return-to-work date of July 1, 2020—a full eight months after the injury.
UPS was not obligated to wait indefinitely. The Eleventh Circuit held that “UPS was not required under the ADA to grant an ‘indefinite leave[ ] of absence so that he could work at some uncertain point in the future.” This made Massa ineligible for ADA protections as he could not meet the basic requirements of his job, even with accommodation.
Additionally, not showing up for six months defeats a prima facie case for race discrimination. To establish such a claim under Title VII, an employee must show they were qualified for the position and that their termination occurred under circumstances giving rise to an inference of discrimination. The Eleventh Circuit’s decision made clear that Massa’s extended absence—coupled with documented attendance issues—undermined any claim that he was meeting the job’s legitimate expectations. UPS terminated Massa based on his prolonged unauthorized absence, a legitimate and nondiscriminatory reason.
Best Disability Discrimination Attorney Blogs on Point:
- Yes, You Can Be Fired for Marijuana Use—Even If You Have a Disability
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- Yes, You Can Be Fired For Refusing To Work: The Tale of Rutledge’s Morning Standoff
Does My Employer Have to Guess What Disability Accommodation I Need?
Not at all. Employers aren’t mind readers. Massa never asked UPS for a specific accommodation or provided updates about his recovery status. The Eleventh Circuit held, “Nor does the record show that Massa requested an accommodation from UPS for his injury, or that he otherwise notified UPS or the Union of his recovery status.” Massa’s failure to engage with UPS or explain what accommodations he might need meant that the interactive process never even started.
The ADA places the responsibility on employees to initiate the process by communicating their needs. Without a clear request, UPS had no duty to provide accommodations. Massa’s silence on his condition left the company no choice but to proceed with termination.
Best Disability Accommodation Lawyer Blogs on Point:
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- ADA: What Is A Central Job Function?
- Can I Pick The ADA Accommodation I Want?
But What About All Those Letters I Didn’t Read?
Ignoring your employer’s warnings is a bold strategy—and it doesn’t typically work. In January 2020, UPS sent Massa a 48-hour notice to return to work and then a termination letter when he failed to respond. Massa claimed he never received them, but the Eleventh Circuit Court of Appeals found this irrelevant because he later admitted that he understood he had been terminated by early 2020. By February 2020, Massa’s health insurance was canceled, and he received a final paycheck for unused vacation time. These actions were consistent with termination, and Massa failed to act promptly to address his employment status.
Can I Sue Instead of Attending a Meeting to Fix Things?
You can try, but it probably won’t end well. In March 2021, Massa was invited to a meeting with UPS managers and his union to discuss his grievances and absence from work. UPS even suggested they’d consider rehiring him if he could provide good, documented reasons for his prolonged absence. Massa refused to attend, stating that he would handle the matter through his lawyer.
The Eleventh Circuit wasn’t impressed with this decision. Massa’s refusal to engage with UPS showed a lack of interest in resolving the situation. More importantly, it is hard to argue that the employer was acting in a discriminatory fashion when it was actively trying to give the employee his job back.
What About Retaliation? Does Filing Grievances Protect Me?
Not automatically. Massa argued that his termination was retaliation for filing grievances and complaining about his medical benefits. Here’s the problem: His grievances were filed months before UPS sent him the termination notice.
Filing grievances is considered a protected activity under Title VII and the ADA. However, this protection is not indefinite. The law requires a causal connection between the protected activity and the adverse employment action—and temporal proximity often plays a critical role in proving this link.
Massa’s grievances were filed months before UPS sent him the termination notice. The Eleventh Circuit held that “without more, a delay of three to four months between the protected activity and termination is too long to satisfy the causation element of a retaliation claim.” Massa’s termination was based on his prolonged absence and history of attendance-related discipline, not retaliation. As the Eleventh Circuit explained, “UPS finalized the termination of Massa’s employment in February 2020, cutting off his medical benefits and paying out his accrued leave, even if his pay grievances remained unresolved.”
Temporal proximity must be paired with other evidence of retaliatory intent, and Massa provided no such evidence. His history of absences and attendance-related disciplinary actions gave UPS legitimate grounds to terminate his employment.
The timeline didn’t add up, and the Eleventh Circuit found no evidence of causation. Massa’s termination was based on his prolonged absence and history of attendance-related discipline, not retaliation. As the Eleventh Circuit explained, “UPS finalized the termination of Massa’s employment in February 2020, cutting off his medical benefits and paying out his accrued leave, even if his pay grievances remained unresolved.”
Best Retaliation Law Firm Blogs on Point:
- Can You Be Retaliated Against For Reporting Discrimination Or Taking FMLA Leave?
- Can Timing Alone Prove Workplace Retaliation?
- Being Fired For Lying Is Not Race Discrimination Nor Retaliation
The Takeaway: Don’t Skip Work and Ignore Warnings
The Eleventh Circuit made it clear that UPS followed the rules. They documented performance issues, communicated expectations, and gave Massa opportunities to respond. He didn’t. If you’re an employee dealing with medical or personal challenges, don’t make the same mistakes. Stay in touch with your employer, request accommodations if needed, and address warnings promptly.
If you think your employer’s actions are unfair or discriminatory, contact an employment attorney to review your case. At Spitz, The Employee’s Law Firm, we specialize in helping employees navigate these challenges and fight for their rights.
Disclaimer:
This blog provides general information and is not legal advice. For specific advice related to your situation, consult a qualified employment lawyer. This post is an advertisement for legal services.