Southeast ADA Center
2007
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"Ms. Sharon Hagan was employed by Mason Dixon Intermodal, Inc. (“Mason Dixon”) as a billing/payroll clerk, responsible for typing and filing payroll documents for the trucking company. After two years of solid job performance, Mason Dixon increased the number of truck drivers on its payroll, thereby increasing Ms. Hagan’s workload. She requested that her supervisor hire someone to assist her in the billing/payroll duties. Mason Dixon hired Ms. Terry Sutherland for this purpose. Shortly thereafter, Ms. Hagan suffered a stroke that substantially limited the use of her left hand and leg and caused her to miss work. Mason Dixon asserted that at the time of her stroke the company's established medical leave policy was six weeks plus accrued, unused vacation time. Ms. Hagan never knew of such a policy, nor was the policy in writing during the time she worked there.
Despite repeated attempts to contact Mason Dixon’s Human Resources Department, Ms. Hagan was not made explicitly aware of the company’s medical leave policy until eleven days before it was to expire. One day before her leave was to expire, Ms. Hagan emailed Mason Dixon’s Regional Manager and insisted she would be able to return to work if given one additional month leave to recover. Her request was denied. The following day, Ms. Hagan’s medical leave expired and she was discharged from the company.
During Ms. Hagan’s absence, Ms. Sutherland assumed all payroll/billing duties. When Ms. Hagan later sought re-employment with Mason Dixon she was told Ms. Sutherland exhibited superior work performance and independently handled the same workload Ms. Hagan had required assistance to complete. She was not re-hired. Ms. Hagan alleged that Mason Dixon terminated and refused to rehire her because of the disabilities resulting from her stroke in violation of the ADA.
https://adasoutheast.org/court-decisions/hagan-v-mason-dixon-intermodal-inc
Keywords: employment, lawful discharge, transportation