You be the judge: Does this ADA plaintiff have a case?
Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. Please provide your two cents in the comments! PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to be a first-shift manager at one of your restaurants. You have a policy that says employees, including management, will receive progressive discipline for being absent without proper notification. In non-emergency situations, they are required to call in before the start of their shifts. Gwendolyn is out one day and fails to call in as required by the policy. Per the policy, you counsel her about the need to provide timely notice of her absences. WHEN GWENDOLYN NO-SHOWED, YOU HAD TO GET BY WITH A SKELETON CREW. A little while later, she does it again. This time you amp it up to a written warning and say that failure to comply in the future could result in "disciplinary action, up to and including discharge....