Facts

On April 6, 2006, plaintiff Gregory Hunter, age 40, was terminated as a field computer technician for defendant Rite Aid. He was employed for approximately six years.

Some months prior, Hunter had cut his left pinky while operating a box cutter. He went on disability leave, and upon returning, he could not use his left hand to grab items and could not lift objects weighing more than 10 pounds.

Hunter filed suit against Rite Aid, his supervisor, Mark Kennedy and his coworker, Roger Snider alleging retaliation, discrimination due to race and disability, failure to engage in the interactive process, harassment and wrongful termination.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Rite Aid did not provide reasonable accommodations, and that Rite Aid forced accommodations on him, thus failing to engage in the interactive process. The plaintiff claimed Snider harassed him twice, assigning tasks that plaintiff could not physically complete. The plaintiff also alleged that he was not paid overtime.

DEFENDANTS' CONTENTIONS:
Rite Aid claimed plaintiff's annual performance reviews were sub par for the past three years and he was the subject of several notices for failure to comply with standard performance levels. Rite Aid claimed that plaintiff could not fulfill his work responsibilities in a timely fashion, as demonstrated by complaints from store personnel as well as the upsurge of job tickets. Further, the decision to terminate plaintiff's employment was made prior to plaintiff's injury. Lastly, plaintiff never informed them that his accommodations were inadequate, and in fact, Rite Aid had rearranged plaintiff's workload after his injury - yet plaintiff failed to complete tasks that did not involve his injury. Rite Aid also contended that termination was justified because plaintiff's performance was poor after returning from medical leave. and that he could not finish even his reduced workload.

Settlement Discussions

The plaintiff demanded $270,000, which was countered with a $15,000 offer after filing the motion for summary judgment.

Damages

Unspecified damages for pain and suffering, as well as lost wages and unpaid overtime.

Injuries

Emotional distress.

Result

The court granted defendants' motion for summary judgment as to all claims.

Other Information

The plaintiff filed a notice of appeal.