Jones v. Pencoyd Iron Works 

Defense Verdict

Date of Verdict: Feb. 13.

Court and Case No.: U.S. Dist., E.D. of Pa., No. 2:18-cv-04157-JDW.

Judge: Joshua D. Wolson.

Type of Action: Civil rights, ADA.

Injuries: Mental, psychological, emotional distress.

Plaintiffs Counsel: David M. Koller and Sarah R. Lavelle, Koller Law.

Defense Counsel: Thomas W. Harrity, Harrity & Associates, Philadelphia.

Comment:

On May 30, 2017, plaintiff Stephen Jones, 54, a plant manager, was terminated from his job at Pencoyd Iron Works Inc. He had been working for the company since Feb. 29, 2016.

Jones sued Pencoyd. He alleged that the company discriminated and retaliated against him under the Americans With Disabilities Act and the Pennsylvania Human Relations Act. According to Jones, on May 6, 2017, his left foot became swollen. On May 8 he saw his primary care physician, who instructed him to go to the hospital immediately. Subsequently, Jones was out of work from May 8 to May 10.

On May 10, Jones' physician penned an out-of-work note asking that Jones be given part-time modified work duty for 20 days. The note contained two diagnoses: deep vein thrombosis of the left leg, and gout of the left great toe.

On May 15, Jones returned to work at Pencoyd with the out-of-work note. Jones worked a half-day May 15, two hours May 16 and two hours May 18; he stayed out of work altogether during the remainder of the 20-day period.

Jones' counsel argued that even though his own doctor indicated that Jones was able to work in a modified duty, Pencoyd fired him based on disability discrimination and on retaliation for having a disability.

The defense maintained that Jones was terminated based on legitimate, nondiscriminatory and nonretaliatory reasons. Jones' function at Pencoyd was to review shop drawings given to him and then ensure that the work was fabricated. James Heldring, the company's owner and president, testified that, from the outset, Jones had difficulty reading the drawings and was in over his head. Though he possessed good intentions, Jones made many mistakes and was neither efficient nor productive. Heldring testified about how Jones had serious performance issues and about the attempts to resolve those issues, which were unsuccessful.

The defense contended that Jones, upon returning to work May 15, did not work part-time modified duty for the 20-day period as prescribed by his primary care physician. Instead, he worked only three days—a half-day on May 15, 2017; two hours on May 16, 2017; and two hours on May 18, 2017—and stayed out of work altogether during the remainder of the 20-day period. The unexcused absences, combined with his deficient work performance, resulted in his termination, the defense argued.

According to the defense, Jones, over the course of his career, filed many claims for job-related injuries. In the mid-1990s, Jones filed a workers' compensation claim against his employer, resulting in a settlement. Jones also filed a workers' compensation claim, a disability claim and an Equal Opportunity Employment Commission claim against another employer. Jones alleged that the employer discriminated against him because he was disabled. In 2011, that lawsuit was resolved by a monetary settlement.

Jones admitted at trial to receiving Social Security disability benefits dating back to the early 2000s.

The defense maintained that Jones did not advise Pencoyd that he was receiving Social Security disability benefits at the time of his hire in February 2016, and for the first nine months of his employment with Pencoyd.

Jones alleged at trial that he was not disabled when he started working at Pencoyd, as he felt physically up to the job. He also admitted that he made no request of Pencoyd for reasonable accommodation at the time of his hire or at any time before May 10, 2017.

Following his termination May 30, 2017, Jones found another job, in which he earned about $25,000 less annually.

Jones testified that his firing caused him to lose self-confidence and caused him significant embarrassment. According to Jones, he prided himself on a good work ethic and working consistently. He sought to recover $165,000 in back pay, plus damages for front pay, and past and future pain and suffering.

The defense noted that Jones collected Social Security disability on and off from the early 2000s, and that he was unemployed for six years before his hire in February 2016 at Pencoyd.

The jury found in favor of Pencoyd and against Jones. Jurors determined that Jones was not discriminated against or retaliated against by Pencoyd under either the American With Disabilities Act or the Pennsylvania Human Relations Act.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication