A recent federal lawsuit alleges that an employer revoked a long-standing workplace accommodation for a disability, leading to termination and loss of significant earned commissions. The complaint was filed by Bernard Walsh in the United States District Court for the Northern District of Georgia on March 9, 2026, naming MaxAir Mechanical, LLC as the defendant.
According to court documents, Bernard Walsh began working for MaxAir Mechanical in September 2019 as an Assistant Project Manager. He states that he has a disability recognized under the Americans with Disabilities Act (ADA), which affects one or more major life activities. Walsh claims he disclosed his condition to his supervisors and was granted a reasonable accommodation—flexibility regarding late arrivals and absences due to severe morning illness—which remained in place for approximately three years.
The complaint details that after being reassigned to a new supervisor in January 2024, Guy Cozzolino, Walsh’s previously approved accommodation was revoked without explanation. Shortly thereafter, on June 11, 2024, Walsh was terminated for not being at his workstation at 9 a.m. on several days. Prior to his termination, Walsh says he reminded Cozzolino that his late arrivals were related to his documented medical condition and part of an agreed-upon accommodation. According to the filing, Cozzolino responded that “it doesn’t matter.”
Walsh alleges that during his employment he consistently performed well despite his disability. In December 2023, he was awarded “Sales Champion of the Year” and recognized as the top-performing sales representative for three consecutive quarters. At the time of his termination, Walsh claims he had earned approximately $60,000 in commissions from projects he had bid and sold which were substantially complete and had already generated payments to MaxAir Mechanical. He asserts these commissions were wrongfully withheld following his dismissal.
The legal action outlines multiple claims: disability discrimination under the ADA; failure to accommodate; retaliation for engaging in protected activity; interference with rights under the Family Medical Leave Act (FMLA); breach of contract regarding unpaid commissions; and unjust enrichment by withholding those commissions. Specifically, Walsh contends that MaxAir Mechanical unlawfully terminated him because of his disability and used circumstances arising from his medical condition as pretext for both firing him and refusing payment.
Walsh further alleges that MaxAir Mechanical failed to inform him of his FMLA rights when he suffered from a serious health condition but instead chose to terminate him due to illness-related absences. The complaint also references procedural compliance: Walsh filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and received a Right to Sue notice dated December 11, 2025.
In terms of relief sought from the court, Walsh requests payment of unpaid commissions totaling approximately $60,000; backpay; front pay; emotional distress damages; costs and attorneys’ fees where applicable; as well as any additional relief deemed just by the court. He has demanded a jury trial in this matter.
Bernard Walsh is representing himself as a pro se litigant in this case (Case No. 1:26-cv-01302-SEG-JSA). No attorney names or judge names are listed in the provided filing.
Source: 126cv1302_Bernard_Walsh_v_Maxair_Mechanical_Complaint_Northern_District_of_Georiga.pdf
