“case 232.er05005-FSHS, Doni esi Fed 1ugol12, Page 6 of 13 PagelD: 34 cue 212 cv05015F5H-PS Dociments Fed 1/22 Page ot Pagel 19 RECEIVED ‘UNITED STATES DISTRICT COURT ocr 22 2012 ‘DISTRICT OF NEW JERSEY ares Wines _ cen WONG on Faith Hochberg, USDJ. Plain, il Caso No. 12-5915, | SH 5) | STATEMENT OF FACTS Nil JERSEY DEPARTMENT OF CHILDREN & FAMILIES; Date: October 18,2012 Defendant, [STATEMENT OF FACTS: F °°" aay lscrtmintion and retallation esuspaitt agaist ni torier “yr fie oie mame semen Ge ‘eene am dsable- Meity ie ten ne S Syfarch’ 2008" Iwas, severely injored onthe job reqiing tree pital surjeron I recelved medical treatment through Workers Compensation. Upon Sarees go work my employer wes informed via doctor's note tht was dlsabled aaaeted some of my fimtatons. In addition to this Informal notice to my ine Mate supervisor gad office manager, I also put ina forms request to be meta ned fr my disability wilh Michael Scul My reyueses both formal and 1 ae were repeatedly ignored and/or dented. For example, n response 10 the sects noe stating my linitations, ny employer responded with written notice to cect in pare it would be my responsibilty to stay within the doctor's preserved mitations” I approached iy immediate supervisor to ask for Pretfetion and sated helplessly, “I eannot accommodate myselt” My supervisor, ‘in praau advised me *to asic alot of questions when given a task and then f ato ef Tcanor cannot do it: Beeausa Iwas assigned tothe taf ust would ‘De working with numerous supervisors who were not aware of my disablity. While ‘working Im taining ont refusing any tsk given by a superisor was not an ‘pb So without short of saying no! total pven led desperately apply het Evie by skdng questions when given task by, other supervisors Sel-this ily Jel te Besson Suction aad jeopardized my health as well 2s tho Health and tafe ofthe cents. Negles to say, I began experiencing complication with my i 1‘case 2:12-o1-05915-SH-PS, Docuiment 8 Filed 11/300 1 avant 13 PagelD: 35 ‘Case 212 cr 05915-FSH-PS Document’ Fled 1022/12 Page 2of 6 PagelD: 19 ‘health, Therefore, made an appointment withthe Worker's Compensation doctor iho relessed me back to work (as advised if ever I began experiencing ‘complictions). Upon examination, the doctor removed me from work immediately Shi ordered test I notified my supervisor, and requested tne off for required iedcal treatment. 1 aid not think it would be a problem for my employer to ccommodate my request fr time of for medica tretment especially because had omucn me off accumulated (or so Wuought).Stralght away, my employer did not fcvept the doctor's note and demanded another more detail note be written Including an exact date of return. That was avery dient réquest because of Workers Compensation policy. The nurse case manager assigned to me was ‘responsible forall medial treatment including scheduling appointments. Nether 1 hot the dogior who ardered treatment and test, had control overtime frame and no ‘ne could predict the outcome ofthe test resus, Tht being sald, the doctor re- ‘rote the note to employers speciiatlons to the best of his abil. I continued to Fecelve needed medica treatment under the cae of Worker's Compensation. ‘Unfortanately, the test results revealed my condition deteriorated, and Iwas declared totaly snd permanently dlasbled by that Worker's Compensation doctor. (vas lost and dlsenchanted, {lipped into major depression. [notified my employer ‘once, and sent a letter of resignation. I also made an appointment with EAS {Ginplayee Advisory Servics) bocause I didn’t know what to expect. My future just Sremed bles Fortunately, Twas given an immediate appointment witha Ms. James {EAS counselor. | ered vehementy as I explained my entire situation to Ms James Including the dffeulty I hed with my employer upon returning to work: and the {esues with them giving me time off for medical tYeatment I also revealed my new situations ~ being permanently and totally disabled, and the passing of my mother. ‘Ms james listened and advised mo to apply for dlsabily retirement. Thatvery same ay she took re to an attorney’ ofice inthe same bulldng who would be able to ‘rast me with the aplication proces. Although the attorney was in cour, I made ‘an appolntment to meet with kim, and within that same week he helped me apply for Faement disability, I also applied for Socal Security disability (with the ‘assistance of another attorney), May 1, 2010 was my offical retirement date, After that date passed, and ater being declared totaly and permanently disabled, continued to recsve letters from my employer demanding documentation, doctor's notes and finally demanding that I return to work. I didnt realy undorstand, ! was depressed, in pain and ‘completely confused. Apparently the reason for thelr continued correspondence “Sh me was because the time off that {had requested back in Apel 2010 for ‘medical treatment was navn ate May ~denied (specially April 15,2020 Apel 50, 2010), That ls why I was being ordered back to work effective immodiately. 1 called Ms James from BAS for advice. She couldn’ make sense oft and also didnt lnderstand why my employer would insist I return after my retirement date, and ‘ore importantly without medial clearance. continued to comply with ll request {for additional docamentation ~ even hand delivering some paper work, However, 1 did notretur to work because I could not return to work. Infact, at this point Iwas.cosa 21zuaeotseus LPS Docuiment®. Filed 11/80/12 Page 8 of 13 PagelD: 26 Case 242-v-05015-FSH-PS Document’ Fiod 10/22/12 Page 3 of 6 PagoiO: 20 also declared totally and permaneitly dlsabled (along with major depression) by Sock Security dsabily doctors and psychiatrists and other medical professionals. Despite that, theletars demanding [return to workcontinued. Ia December 2010, to my’ surprise I received another letter from my ‘employer stating I was fired for “inability to do my job and other causes” My Fequestfor Une off yecelve medical Lreatinent os April 15, 2010 Uru Apel 20,2010 although initially approved was now denied and because | did not return to work my leave wat considered unauthorized, Therefore, 1 was fired for ‘unauthorized leave. ‘According to BEOC guldelines ised on thelr offil website, my rights have bean llated as outlined below: 1) Under the subbeading “Requesting Reasonable Accommodation” specifealy| ‘NS “What Must-an Emplaver do_After Receiving a Request for Reasonable “Accommodation” It says in part: "The employer..should engage ia an {informal process to clarify what the needs are and identify appropriate reasonable accommodation." The date I returned to work, 1 was given a Tetter from my employer that basicaly sald that 1 was responsible for complying with. my doctor's orders. That just’ seemed completly ‘unreasonable to me, Als, there were times itscemed ie I was deliberately or perhaps réeWessly placed in various stuations that endangered my health snd compromised the safety of clients as well Also, my formal written request (signed by me and may immedite supervisor) to the person responsible for ADA. accommodation (Michael Szal) request was never answored. [lft messages, sent emalls ~ never, ever received a response. I have documentation to prove all ofthe shove Including specific task assigned ‘tome beyond my ability 2) Lrequested time aff for ineical treatment related to my disability. Although ‘was inlay approved in April 2010, it was denied (May 2010) and Iwas fred (December 2010) for taking an “unauthorized leave” From the outset, iy employer gave mea hard time. Since my disabllty was caused by 2 work place injury, my employer bad sufficient information needed to substantiate fan accommodation was Indeed necessary. All of the medical treatment I received for my Injuries was under the care of State (Worker's Compensation) doctors, who suppliod verification upon request. Asking for dotaled medical documentation was unnecessary. According. to EEOC _uldelines regarding "LEAVE" says: “An employee witha disability may neod leave for a number of reasons related to disability, including, but ‘not imited to: obtaining medical treatment.” Italso states: Permitting the use of accrued pald leave (which I had, but was taken from me) or even unpaid leave, isa form of reasonable accommodation” 29 CFR pt 1630 app $$ 1630.20) (1997), Cohrev, Northeast Ohio Alshelmer’s, 155 F. 3d 775, 782, 8 AD Cas (BNA) 925, 93031 (6% Cir, 1998).1S Decuinent & Filed 11/80/12 Page 9 of 13 PagelD: 37 ‘case 2:12-cv. 05015 FSH-P ‘Case 242-c\-05915FSH-PS Document’ Fed 1022/12 Page 4 of 6 PagelD: 21 ‘Upon being fired in December 2010 a hearing was held The union at the leciplinay hearing represented me, Ultimately the real eason T was fred ‘was because my Teave was unauthorized and I was expected to return to ‘work in Mey 2010 ~ agninst doctor's orders, without medical dearance, totaly incapacitated, and despite the fact that I was sufering from major depression, My request for time off for medlcal treatment was clearly ‘lated, The Rearing confirms thls, Documontation regarding the findings of thishearingis also availabe. 3) At the outst when T returned to work I was placed In a training unit ‘Therefore my request fr time of to receive medical reauneat did not pose ‘an undue hardship to my employer. Besides, an employer may not apply a no-fault” leave policy, under which employee Is automatically terminated aftr they have been on leave beyond set point because modifying work, place policies, including leave policle, isa form of accommadation. 42 lsc s§ 1211 (8) (B) 1994; 29 CHR S$ 1630-2 (0)(2)(H)(1997). Seo US Airways, lnc. v Barret, 535 US; 122 8. Ce 1516, 1521 (2002). at the hearing ny employer soemed implied irwas some sot of hardship for them to grant Ime ime of for medical treatment due to my dsabliy. Nottrue.. 4 In May 2010, my employer requested another doctor’ note and a two-week. leave request to cover the period of Api 15,2010 - April 30,2010. Infact, tne letter gave specific instructions for me to deliver this documentation to ‘my work location In Hackonsack. I complied. 1 gave thom directly to Nora Mochan Irwes Ms, Mechan's responsibilty to fax the docursents tothe main fice in Trenton, Pm not sure what happened, but I recalved at least wo ‘more letters from my employer In May 2030 requesting the same documents and that I return to work -At the disciplinary hearing, my employer acknowledge receipt ofall documentation In May 2010, However, twas told that my leave was STILL not authorized beginning April 15, 2010 ‘because Idi not hand in the documentation ina timely manner. There was a ‘ecnialty, which stipulated tha: since documents were hand delivered by Ine (e did not receive a date stamp. Thotefore, 1 could not prove the documents exactly when the dcuments were delivered. The burden of proof ‘was shifted to-me to prove that I handed in the documents within thelr required te frame, What Is lnteresting to me is that { was NOT fired for ‘any of these reasons. was NOT fired for handing in documentation late. T'was NOT fired for taking an unauthorized leave. I was fired for “inability to do my fob" At tho hearing tha date of fring changed from April 45,2010 to May , 2040, the date of my retirement, In closing jst lke to polnt out that my employer violated my rights the very first day I returned to work when I was expected to accommodate myself. No fone ever sat down with me, formally or informally to clarify what accommodations ‘may or may not ba needed. Further, when I requested time offfleave to continue receiving medica treatment (specifically beginning Apel 15,2010 through Apri 30,Ease 2:2-cv-05915-FSHPS De led 11/90812 Pa case 212-c1-05915-FSH-PS Document’ Fed 10/22/12 Page Sof 6 PagelD: 22 2010) my employer refused to reasonably accommodation me by granting time ‘needed, Moreover, that refusal to accommodate was accompaled by an ordered to ‘eturn to work in May 2010 ~after my retirement date, without medial clearance, While sel receiving medical treatment from Worke’s Compensation dactr’, and also while declared totally and permanently disabled. Finaly, my employer ‘tated agaist me ultimately fringe ese) for bg abled “nab todojeb” WhereforeI pray tha his fring be reversed, and this court upholds my right to reasonable accommodation, | also pray that my employer be penalized to the fallest extent of the law for violating EEOC guidelines as well ae all of the ‘unnecessary pin and suffering they have fficted upon me without provecation oF jut eause ‘Cheri Wong, oeurnent 8 Filed 11/30/12 Page 10 of 13 PagelD: 38,