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Wounded veteran wins $100K settlement for being fired by Roto Rooter
StarTribune.com ^ | 7/14/15 | Paul Walsh

Posted on 07/14/2015 12:46:19 PM PDT by ButThreeLeftsDo

An Iraq war service member wounded in combat was fired by Roto Rooter in Plymouth rather than kept on and accommodated for his battle-related injuries upon his return to the United States, according to a federal agreement that requires the company to pay $100,000 to the veteran.

In a conciliation agreement signed Friday by the U.S. Equal Employment Opportunity Commission (EEOC) and Roto Rooter Services, of Plymouth, the company must pay $100,000 to settle disability discrimination charges for violating the Americans with Disabilities Act (ADA).

“Firing a war veteran for his disabilities incurred serving his country is just plain wrong and clearly violates federal law,” said Julianne Bowman, director of the EEOC’s Chicago district.

(Excerpt) Read more at startribune.com ...


TOPICS: Culture/Society; Foreign Affairs; US: Minnesota
KEYWORDS: rotorooter; settlement; veteran
A rare win for one of our finest.
1 posted on 07/14/2015 12:46:19 PM PDT by ButThreeLeftsDo
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Comment #2 Removed by Moderator

To: NormsRevenge

Aw, crap, you beat me to it!


3 posted on 07/14/2015 1:05:54 PM PDT by ButThreeLeftsDo (FR NEEDS YOUR DONATION!)
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To: ButThreeLeftsDo

A couple of thoughts here. First, veteran or no, why is a company obligated to keep paying someone who cannot perform his job because of a disability. I understand it is the law, but the law is socialist garbage. Second, does the $100,000 go to the complainant or to the Feds?


4 posted on 07/14/2015 1:37:25 PM PDT by RightOnTheBorder
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To: ButThreeLeftsDo; NormsRevenge

The only “tell” from this article was the word Chicago.
Well, shut my mouth. They didn’t even bother to give the guy’s name.


5 posted on 07/14/2015 1:41:18 PM PDT by OftheOhio (never could dance but always could kata - Romeo company)
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To: RightOnTheBorder
why is a company obligated to keep paying someone who cannot perform his job because of a disability.

Who said he was unable to perform his job?

6 posted on 07/14/2015 2:07:37 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: RightOnTheBorder

You bring up the same questions I do - and PLEASE don’t anybody take this as me having anything against veterans... disabled or otherwise...

But why is it somehow wrong to end the employment of an employee who cannot do the job for which they were hired? Obviously, it would be a kind thing to do to find some other position for which he CAN do the job successfully - but what if there are not positions available?

One would think this Veteran would desire to be productive and contributing to society and to his own support - one would think. So if he is industrious and still a hard worker - he could find other employment. Or could help the company find something for him to do.

If I were hired to do a job, and it later turned out that I just really was incapable to performing said duties - regardless of the reason, how would said employer be obligated to continue to keep me on the payroll? Oh - that’s right, we live in a nation that desperately wants to become another Greece - where the government so over-extends is payout obligations, there isn’t enough cash in the country to keep making the payments... So the answer is to force businesses and corporations to pay what isn’t really theirs to pay.

Now - if the veteran was still able to do his job up to company standards - then why would he have been let go? If he is NOT able to perform the duties of the job - why would he be entitled to keep said job and pay?


7 posted on 07/14/2015 2:11:26 PM PDT by TheBattman (Isn't the lesser evil... still evil?)
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To: TheBattman
But why is it somehow wrong to end the employment of an employee who cannot do the job for which they were hired?

Where did they say this vet was unable to perform his job?

8 posted on 07/14/2015 2:15:13 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: ButThreeLeftsDo

Every company when they hire a person you have a reasonable accommodation statement and your status as a veteran has a check off...

RR knew what is status was...


9 posted on 07/14/2015 2:25:53 PM PDT by Popman (Christ Alone: My Cornerstone...)
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To: ButThreeLeftsDo

Re-reading the excerpt, it sounds like the employer, RR, did not hold his job open as is required for employers of service members who are deployed. This maybe be the bigger issue than whether or not he was disabled. ??


10 posted on 07/14/2015 2:29:37 PM PDT by NEMDF
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To: TheBattman
But why is it somehow wrong to end the employment of an employee who cannot do the job for which they were hired?

First off, this is another typical story that fails to provide the necessary back ground information for people to make an honest assessment of the results.

Any comments being made either for or against the wounded veteran are based solely on emotion and not background facts.

With that being said, while the news reports that he was fired, it's quite likely that due to the nature of his injuries, especially to his head, that they could not accomodate him with a future job.

The fact that the settlement was for a mere $100K indicates to me that that was likely the case..........

11 posted on 07/14/2015 2:44:24 PM PDT by Hot Tabasco (<i>)
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To: TheBattman
Waiting 6 years and gets 100k ? The company got away cheap.

Upon his return in 2009, the company refused to place their onetime employee in a job similar to the one he held previously. Schmid said the veteran had risen through the ranks, going from a field employee to a manager in his 10-plus years with Roto-Rooter.

There have been laws, over time that protects an active duty's civilian job. If his position has been canceled, they are obligated to try and find him a like position. See Link
USERRA

They didn't do that.
This is probably the wrong story for your rant.
12 posted on 07/14/2015 2:49:06 PM PDT by stylin19a (obama = Fredo Smart)
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To: ButThreeLeftsDo

Roto Rooter did not break him. Why do they have to pay for him? I did not do 20 years to preserve the right of the government to pass its obligations onto employers.


13 posted on 07/14/2015 2:49:44 PM PDT by jimfree (In November 2016 my 15 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: jimfree

Protection for veterans employment while deployed is codified in federal law.

They didnt have to “pay” for being disabled....they have to give him his job back or offer something simular...and he was a manager...not a snake herder...


14 posted on 07/14/2015 3:10:46 PM PDT by Crim (Palin / West '16)
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To: dragnet2
Who said he was unable to perform his job?

I suppose it is possible that the hiring manager simply assumed he couldn't do the work. Even if that is the case I still find it wrong that the Federal government gets a say in the relationship between an employer and employee.

15 posted on 07/14/2015 5:00:05 PM PDT by RightOnTheBorder
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To: RightOnTheBorder
Probably had nothing to do with that. People leave jobs to go fight, even to go on vacations etc, and suddenly they return and find they lost their hours, got cut, demoted, got screwed and or transferred, or the boss gave the job to his favorite brown noser, before these people ever get back. Or...Guess what Johnny, we've eliminated your position by off shoring it to China!! ☺

This is nothing new. Been going on forever.

16 posted on 07/14/2015 5:12:40 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: stylin19a

I went and read the linked page info. The OP article does not give enough information to determine if either side fulfilled their respective responsibilities - as the returning service member has some significant responsibilities both pre-and post-service time.

And here’s the other ringer of an issue - like position? Can that include a requirement to move - maybe even a long distance on his own dime?

But again - not enough info in the article (that is nearly as biased as many replies posted in this thread).


17 posted on 07/14/2015 5:19:19 PM PDT by TheBattman (Isn't the lesser evil... still evil?)
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To: TheBattman
The OP article does not give enough information to determine if either side fulfilled their respective responsibilities
That's a fact. And you may be on to something.

Plus, an USERRA claim should be filed with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS).

He didn't do that. It appears he filed with EEOC and was awarded under violating the Americans with Disabilities Act (ADA), which has me scratchin my head.
18 posted on 07/14/2015 8:54:26 PM PDT by stylin19a (obama = Fredo Smart)
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To: RightOnTheBorder

Second, does the $100,000 go to the complainant or to the Feds?

******************************************************************

40% to his lawyer, 40% fed.,state and local taxes and he may get to keep the rest.


19 posted on 07/14/2015 8:59:52 PM PDT by Graybeard58
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