Broadband VI, which is acquired by Liberty Latin America in 2021, is being sued by an employee in Superior Court, alleging he was wrongfully terminated after being diagnosed with end-stage renal disease and after his doctor cleared him to return to work with a lifting restriction.
Yamil Maldonado says he began working for Broadband VI in May 2015. Two years later, he was promoted from field technician to field service coordinator. According to the civil complaint filed Monday, Mr. Maldonado was also assigned supervisory responsibility for the company’s staff and subcontractors on St. Croix.
He remained in that role until September 2024, when he says he was wrongfully terminated.
About a year before his termination, Mr. Maldonado says he was diagnosed with end stage renal disease, which the lawsuit says constitutes a legal disability. Because of the diagnosis, he had to seek treatment on the mainland and was approved for intermittent leave under the Family and Medical Leave Act, the complaint acknowledges.
In July 2024, Mr. Maldonado’s doctor reportedly completed a medical questionnaire addressing whether he was fit to perform the essential functions of his job. According to the complaint, the form reflected the doctor’s opinion that Mr. Maldonado “was capable of performing the essential functions of his position, with or without reasonable accommodation.”
The only limitation identified by the doctor, according to the lawsuit, was that Mr. Maldonado should not lift or move any object weighing more than 75 pounds, even with equipment assistance. The complaint argues that such a task “was only an occasional requirement of the position.”
Despite being cleared for work overall, Broadband VI allegedly “refused” Mr. Maldonado’s request to resume his regular duties. According to the lawsuit, he was required to contact the company’s Puerto Rico human resources office every few days between July and September 2024 “for updates regarding his return-to-work status.”
Those updates ended on September 5, 2024, when Mr. Maldonado received notice that his employment would be terminated because he “was unable to perform all of the essential functions of his position and would continue to be unable to do so in the future.”
The lawsuit argues that the decision contradicted Mr. Maldonado’s repeated statements that he was ready and willing to return to work, as well as his doctor’s assertion that he was fit for duty.
The termination notice also reportedly stated that there was no foreseeable future date when Mr. Maldonado would be able to return to work, and that he was not qualified to transfer to any other open positions.
The complaint contends that Broadband VI did have work Mr. Maldonado could perform, but “rather than engaging in the interactive process, or considering plaintiff for those positions,” the company instead terminated his employment “based on its perception that he was disabled and incapable of working.”
Mr. Maldonado alleges Broadband VI violated the Family and Medical Leave Act through interference and retaliation, and also engaged in disability discrimination.
He is seeking statutory damages, reinstatement or commensurate pay, and compensatory and punitive damages.
As of press time, Broadband VI had not filed a response to the lawsuit.
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