EEOC outlines how Wendy's allegedly handled a district manager's leave and exit
EEOC challenges Wendy’s over alleged “no restrictions” requirement in district manager firing.
On December 29, 2025, the US Equal Employment Opportunity Commission filed a case in the Southern District of Ohio against Wendy’s International, LLC, alleging disability and age discrimination in the handling of a district manager’s medical leave and termination.
According to the filing, Michael Salsburg began working for a Wendy’s franchise restaurant in 1993 and, by 2022, was a district manager employed by Wendy’s International. He worked out of the company’s corporate headquarters in Dublin, Ohio, where he reviewed and analyzed restaurant operations, prepared reports and performed other managerial functions, while also visiting Wendy’s restaurants in his assigned area.
The filing states that Salsburg was diagnosed with ulnar neuropathy, cubital tunnel syndrome and carpal tunnel syndrome, affecting his elbows, wrists and hands. In 2022, Wendy’s allegedly became aware of these impairments and that he would undergo surgery on both hands and wrists.
Salsburg went on approved medical leave on or about September 29, 2022, for surgery on his left hand and wrist and returned to work on or about October 24, 2022. On or about November 17, 2022, he went back on approved medical leave for surgery on his right hand and wrist.
After the second surgery, the EEOC alleges, Wendy’s required Salsburg to remain on medical leave through at least January 2023. In January, the company allegedly required him to change his status to short-term disability leave through Wendy’s disability insurance carrier. Once he was placed on short-term disability, his compensation was reduced to a percentage of the salary he would have earned if he had been allowed to return to work, according to the filing.
On or about February 21, 2023, Salsburg’s healthcare provider issued a release clearing him to return to work at Wendy’s. The filing states that this release, which Salsburg sent to Wendy’s on or about February 24, 2023, stated that he could return to his district manager role as long as he did not lift, push or pull more than 10 pounds with his right hand, and that this limitation was expected to last until April 2023. According to the EEOC, both Wendy’s human resources and the company’s disability insurance carrier received documentation reflecting these restrictions, including “Fitness for Duty” documents.
The EEOC points to a written job description Wendy’s prepared for the district manager position, alleging that it does not state that lifting, pushing or pulling are essential job functions and does not state that lifting, pushing or pulling more than 10 pounds with the right hand is an essential function. Despite the job description and the medical release, the EEOC claims, Wendy’s refused to allow Salsburg to return to work in any capacity, conditioned his employment on his ability to work without any restrictions, required him to remain on leave, did not make reasonable accommodations to the extent any were needed and denied him employment opportunities based on the need to make such accommodations.
On or about May 26, 2023, Wendy’s sent Salsburg a termination letter stating that the company intended to fire him, according to the filing. After receiving the letter, Salsburg contacted Wendy’s to oppose the termination, questioned why he was being fired given that he had been cleared to work in February 2023, and provided additional information, including that he had an upcoming medical appointment.
The filing states that Wendy’s then required Salsburg to complete medical forms seeking information about his disability. He returned the completed forms on or about June 15, 2023. Those forms stated, among other things, that the right-hand limitation was expected to last until July 2023.
According to the EEOC, Wendy’s again refused to allow Salsburg to return to work in any capacity, continued to condition his employment on his ability to work without restrictions and proceeded with firing him. On or about June 16, 2023, the company issued correspondence stating that it would proceed with termination because he still had restrictions. On or about June 20, 2023, Wendy’s sent a termination letter stating that it was firing him because the company “did not receive information indicating that [he was] able to return to work without cleared restrictions….”
Alongside its disability allegations, the EEOC also alleges age discrimination. The filing states that Salsburg was over the age of 40 and qualified for his job, and that Wendy’s treated substantially younger employees more favorably. According to the EEOC, Wendy’s records show that a substantially younger manager was permitted to return to work with restrictions, including a limit on lifting more than 15 pounds, limited neck positioning, frequent rest periods and a reduced schedule, even though medical records provided to Wendy’s said the manager was experiencing numbness in her hands, physical limitations affecting the use of her head and neck, and “profound deconditioning.”
The EEOC is asking the court for permanent injunctions against policies or practices that violate the ADA and ADEA, including what it describes as a “100% healed” standard or conditioning employment on an employee’s ability or capacity to work without any restrictions. It is also seeking an order requiring Wendy’s to revise, reform or eliminate certain forms, processes and practices, impose reporting and monitoring with EEOC oversight, and award back pay, front pay, compensation for past and future pecuniary losses, compensatory and punitive damages under the ADA, liquidated damages under the ADEA and costs.
