Bay Windows - Local News, November 04, 1999
Scott A. Giordano, Bay Windows staff

But an attorney for both companies, in a letter to plaintiff Joseph Keane Comella's attorney, denies the allegations and claims that it was Comella who, in fact, abandoned his job as administrative assistant to Millennium's director of operations, Cindy Chase. Further complicating Comella's case is the fact that he was employed as an individual contractor, which prevents him from obtaining unemployment compensation.

Comella worked at Millennium Communications, located along with Cambridge Telephonics at 16 Hurley St. in Cambridge, from August of 1997 through June of 1998. He then was asked back to the company in June of 1999 and worked from that time through Sept. 17, when he stopped working for medical reasons and then was told he could not return to work on Sept. 30.

On Aug. 31 of this year, Comella was diagnosed HIV-positive and learned he had acquired HIV one year ago. He began a triple-drug combination therapy for two days and then was taken off the drug therapy at his doctor's suggestion because he was having panic attacks after learning about his HIV status. Comella described his panic attacks as moments in which he is overwhelmed with depression and anxiety.

Comella revealed his HIV status to Chase during a Sept. 7 private meeting, in which he claims she told him she had reservations about having someone with HIV working for her company. Chase allegedly forced Comella into disclosing his HIV status to all of his co-workers.

"The problem was that I was having these panic attacks and I was scared. I thought if I didn't do what she asked that I would lose my job and that she would fire me," Comella said. "So she called me into a room and I had to tell everyone one-by one. Some cried and some were very confused about why I was telling them this and why she made me do it."

Comella's MCAD complaint alleges he left work on Sept. 17 because he "was unable to work for the next several days and spent several evenings ... at Brigham and Women's Hospital," but his attorneys told Bay Windows they had not yet confirmed whether Comella was checked into the hospital prior to filing his MCAD complaint.

In an interview with Bay Windows, Comella said he requested a two-week leave of absence, unpaid if necessary, before leaving work on Sept. 17 but was told by Chase that his job required him to work from 10 [a.m.] to 6 [p.m.], Monday through Friday, "that I had to be there, and that was the end of the discussion." He then allegedly left work that day and checked into the hospital for several days and claims that repeated attempts to reach Chase directly by phone were not successful and she failed to respond to any of his phone messages.

Calls to Chase were not returned at Bay Windows press time.

When he was feeling ready to return to work and after allegedly leaving Chase phone messages that he would like to be placed back on the schedule, Comella called the company on Sept. 30 and was told by a co-worker that he was not on the schedule and that he no longer had a job.

Comella subsequently filed his MCAD complaint and remains unemployed. He is seeking financial compensation for emotional distress that led to his panic attacks and personal humiliation, and for undetermined lost wages and benefits.

"[Chase] humiliated me by making me tell everyone about my HIV status, and she made work so difficult for me that I found my hands shaking when I would try to type," Comella told Bay Windows. "She has told everyone, including our vendors, that I am HIV-positive and it has really gotten out of hand.

"I told her because she was my boss and I felt as though she was a friend of mine," he added. "In the past, I had revealed personal information and it was never repeated. But this time was different, and she felt it necessary to share my information with everyone and make my life and my work difficult."

Comella said his panic attacks result when he has too much time to think about his HIV status, which is why he wished to return to work on Sept. 30. Although he no longer is seeking his job back, he would like to work again elsewhere and plans to begin a new job search next month. He also has met with a social worker from the AIDS Action Committee of Massachusetts who is helping him make arrangements to meet his rent payments.

"As long as I can keep myself occupied, then everything disappears and all the anxiety is under control. I feel as though I would have been able to do my job if I had the opportunity to do so," he told Bay Windows.

Millennium Communications continued to hold his personal property -- specifically his cell phone, pager and check book -- until Oct. 28, which was returned by mail to his attorney only after the MCAD complaint was filed and upon his attorney's written request.

Although Comella was not, theoretically, employed by Cambridge Telephonics, that business has also been named as a defendant in the case.

"The way they were handling his employment leaves much to be desired. They were issuing him a check as if he were an independent contractor, even though he was not. He was performing services for both entities. The person to whom he reported works for both entities and performs services for both entities. So from our perspective, they are his joint employers," said Scott Lathrop, Comella's attorney.

But Mark Furman, an attorney for both the Cambridge businesses, disagreed with the allegations in a written letter to Lathrop dated Oct. 22.

"Mr. Keane-Comella was an independent contractor of Millennium

Communications Corporation, not Cambridge Telephonics, Inc. He was not an employee of either Millennium or Cambridge," Furman wrote. "We also disagree with the other factual allegations ... including, without limitation, the claims that [Comella] was forced to disclose to employees of Millennium that he was HIV-positive and that he was terminated due to his HIV status. Mr. Keane-Comella abandoned his work as an independent contractor providing services to Millennium."

Furman declined to discuss the specific allegations made against the Cambridge companies, but said he takes the allegations seriously and continues to look into them. "The [companies don't] condone harassment or discrimination of any kind. At the present time, the [companies don't] believe that these allegations are true. ... I don't have anything [to say] beyond the statement I just gave you," he said.

When asked whether there are any legal ramifications of Millennium's refusal to allow Comella a leave of absence for medical purposes, Lathrop said his client's case is based on his belief that the denial was based on the nature of his illness -- his HIV status.

"Given the very small size of his employer, the laws that mandate his employers must provide medical leave in certain circumstances do not apply. However, if an employer took this stance out of his [or her] own repulsion of the fact that [Comella] is HIV-positive, that would be a form of discrimination. At this point, that is the posture I am taking," Lathrop said.

When asked how such a case could be proven, Lathrop said, "It would have to be proven through whether or not any negative comments were made, and my memory is that Joe can testify to various discriminatory things said and done during the few days he was still employed there after he revealed his HIV-positive status. Furthermore, if they have ever given anyone else time off to be ill ... that would be evidence that they are singling him out. And furthermore, their statement that he abandoned the position is ridiculous by the fact that he was contacting them and seeking to go back to work."

Comella told Bay Windows he previously never requested time off from work, and that other employers who had done so also were fired for reasons such as attending a family funeral or taking a religious holiday off.

Lathrop told Bay Windows he has already requested the MCAD to dismiss the case because he would like the case to go directly to court -- where they have options to present additional claims that don't fall under the jurisdiction of the MCAD.

"It is true that under the MCAD statutes and regulations, a party can request to have the case withdrawn from the jurisdiction of the MCAD and to allow that party to go directly to the Superior Court. The statute decides that can be done after the MCAD has it for 90 days or earlier if the MCAD approves. ... It may take up to 90 days before that occurs, but it is my attention to place this matter before the Superior Court as soon as I can," Lathrop said.

When asked why he prefers that route, Lathrop said it would enable him to present additional claims in court that do not fall within the jurisdiction of the MCAD. He mentioned a defamation of character claim as an example while not specifically saying that claim was being discussed. "We can have more claims, have a public trial and present additional claims to the jury [if we go directly to court]," he said.

The MCAD had not responded to Lathrop's request at Bay Windows press time.
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