CASE SUMMARY - EMPLOYMENT RIGHTS

Clarissa G.

Clarissa G. is a seven year old girl who is diagnosed with cerebral palsy, hydrocephalus status-post vp shunt, seizure disorder, cortical blindness, hearing impairment, profound developmental delay, strabismus, sleep disorder, and feeding difficulties.  Her mother, Nancy  G., worked as a job coach and route prep with a mid-size employer in New Britain.  Nancy worked for this employer for over two years and the employer was aware from her first day of employment of Clarissa’s many medical needs.

In April 2004, Nancy G. had to leave work early because her daughter needed to get a leg brace. At that point, her supervisor proclaimed she was leaving early too much and asked her to go home and not come back.  Nancy G. was appalled at the thought of being discharged and immediately submitted a letter of resignation.  When Nancy G. later attempted to collect unemployment benefits, she was told she was not eligible because she had voluntarily quit without notice.

Nancy G.  appealed the initial determination to the State of Connecticut, Employment Security Appeals Division.  In August 2004, with the help of the Medical-Legal Partnership Project (MLPP), unemployment benefits were approved retroactive to April 2004.  The hearing officer determined that the employer not only had the burden of proving the nature of the separation, but also showing willful misconduct if any.  Lacking any direct evidence from the employer, combined with Nancy G’s testimony and legal documentation provided by the MLPP, the termination was ruled a discharge and the initial determination was reversed on appeal.