Estate of deceased man sues Arch Telecom, says he was fired for being a recovering drug addict

By Noddy A. Fernandez | Jan 18, 2019

PHILADELPHIA — A man's estate is suing a telecommunications company, citing alleged disability discrimination and wrongful termination.

The estate of David M. Foreman by the executrix, Teri Black, filed a complaint on Jan. 4 in the U.S. District Court for the Eastern District of Pennsylvania against Arch Telecom Inc., dba Arch Telecom-Sprint and Arch Telecom of PA, for alleged violations of the Americans with Disabilities Act and the Pennsylvania Human Relations Act.

According to the complaint, on July 29, 2015, Foreman commenced working for defendants as a sales associate on a commission basis. Plaintiff claims Foreman was successful in his sales position and received awards for Top 10 sales in the county. 

However, when he disclosed to his store manager that he was a recovering drug addict for 12 months, his commissions were allegedly taken from him against store policy and were given to other workers, the suit says. 

In addition, when Foreman submitted a medical note and request for reasonable accommodations, including a request to work the later shift so that would not be sleepy from his prescribed medication, he was terminated for an alleged policy infraction that was not investigated and which he denied occurred, the suit says.

The plaintiff holds Arch Telecom Inc., dba Arch Telecom-Sprint and Arch Telecom of PA, responsible because the defendants allegedly treated plaintiff differently from similarly situated employees without disabilities by denying him commissions to which he was entitled and, ultimately, by terminating his position.

The plaintiff requests a trial by jury and seeks judgment for compensatory, punitive and liquidated damages, pre- and post-judgment interest, costs of suit, attorney and expert witness fees, and award such other relief as is deemed just and proper. She is represented by Brendan Hennessy of Hennessy Law in Malvern.

The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:19-cv-00049-JD.

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Hennessy Law U.S. District Court for the Eastern District of Pennsylvania

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