A former UBS advisor has sued the wirehouse, alleging it violated his rights under the Americans with Disabilities Act by "failing to reasonably accommodate" his treatment for depression.
In a complaint filed Friday at U.S. District Court for the Western District of Pennsylvania, Timothy Joseph Trott said he left Merrill Lynch after seven years to join the wirehouse in December 2008, working out of a branch office of the firm in Erie, Pennsylvania, as a financial advisor.
Trott received a recruiting bonus of $454,670 that, in common industry practice, was secured by a promissory note to be forgiven if he remained with UBS through Jan. 2, 2018, according to the complaint.
In April 2015, Trott started to experience major depressive disorder and anxiety that affected his ability to work effectively. As a result, he took a two-week leave of absence from the wirehouse, according to the complaint.
Trott then returned to work but took a medical leave for the second time shortly after that, in June 2015, when he was committed to a mental health facility, the complaint stated. Trott was placed on unpaid medical leave by the wirehouse and told he would have to obtain medical clearance before being allowed to return to work.
In April 2016, Trott improved enough for his psychiatrist to approve a 15- to 20-hour weekly return-to-work plan that would be reevaluated after the advisor worked a few weeks, according to the complaint.
Trott provided his doctor's suggested part-time work plan to UBS but the company did not provide a response and ignored his inquiries about it for almost a year, the complaint alleged.
On July 14, 2017, Trott received a letter from Stephanie Basham from the UBS human resources office, dated June 28, 2017, informing him he was terminated effective as of that date, because of the response to a May 12, 2017, letter that advised Trott he was not yet able to work. according to the complaint.
