| FACTS & ALLEGATIONS On Sept. 28, 2005, plaintiff Christopher Williams, a
university's academic adviser and higher educational assistant, was informed that he had
been terminated by his employer, the Borough of Manhattan [N.Y.] Community College.
Williams, a type-1 diabetic who suffered recurrent hypoglycemia, had been hired
in 2004. During his first year of employment, he suffered several hypoglycemic episodes
that necessitated emergency medical treatment. In September 2005, the condition
repeatedly recurred. Williams suffered disorientation and losses of consciousness, and, as
a result, he had to stop working. During the second week of his absence, he received a
letter that had been sent by the university. The letter was dated Sept. 21, 2005, and it
specified that Williams had return prior to Sept.24, 2005. If further specified that
Williams's absence would otherwise be deemed an abandonment of his duties and that, as
such, he would be terminated.
On Friday, Sept. 23, 2005, Williams returned to work. He claimed that he met
with his supervisor and that they discussed Williams' assignments. However, he contended that another hypoglycemic event occurred. On the ensuing Monday, Sept 26, he telephoned his employer and explained that he could not report to work. Two days later, he received a letter that formalized his termination. The university contended that Williams had accumulated 10 consective unauthorized days of absence. Williams sued the university's owner, the city of New York and the university's operator, the Board of Higher Education of the City of New York. He alleged that his termination
violated the Family and Medical Leave Act.
Williams claimed that his employer was aware that his September 2005 absence
was a result of incapacitating episodes of hypoglycemia. He contended that he repeatedly
telephoned his employer and provided updates of his condition.
The defendants contended that Williams did not explain that his absence was a
result of hypoglycemia. They claimed that he abandoned his job.
INJURIES/DAMAGES Williams claimed that he was wrongfully terminated. He sought recovery of the cost of medical expenses that would have been reimbursed by his employer-provided insurance, his past and future lost earnings, and his attorney fees.
RESULT The parties agreed to a $205,000 pretrial settlement. The defendants' payment included $15,000 for Williams' medical expenses, $85,000 for his lost earnings and a total of $105,000 for his attorney fees and future lost earnings.
EDITOR'S NOTE This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's email and phone call.
-Nancy Deluca
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