LEWISTON – Time Warner Cable’s refusal to rehire a cable technician who broke his ankle on the job – citing the rules of its purchase of Adelphia Communications – has drawn condemnation from a state investigator.

In a just-released report, a Maine Human Rights Commission investigator found “unlawful discrimination” on the part of the cable TV giant.

Its stated reason: Alan Nadeau of Sabattus was never a Time Warner employee.

The complicated case dates back to November 2005, when Nadeau broke his ankle. For the previous two years, he had worked as a technician for Adelphia Communications.

According to the report, Nadeau spent months healing. While away on medical leave, Adelphia crumbled. Time Warner bought the bankrupt company’s Maine operation. And in September 2006, when a doctor cleared Nadeau to return to work, Nadeau applied for his old job with his old co-workers under the new company.

Time Warner refused.

“Under terms of the (buyout), the company was not required to make offers to employees of Adelphia who were out on a medical leave … for more than 180 days,” the company’s lawyers argued in the report.

Such a rule is illegal, wrote investigator Paul Pierce in his report to the commission. By law, an employee on medical leave must be given the same status, opportunity and benefits as other employees, Pierce wrote.

To do otherwise is disability discrimination.

“This explicit proclamation by Time Warner unambiguously demonstrates the employer’s unlawful discrimination,” Pierce wrote.

The investigator’s findings are scheduled to be weighed by the five-member commission on March 3 in Augusta.

Not all of Pierce’s findings sided with Nadeau.

Along with his accusation of disability discrimination, Nadeau had alleged worker’s compensation retaliation by Time Warner. Pierce recommended that the allegation be dismissed.

Attempts by the Sun Journal to reach lawyers for both sides Friday were unsuccessful.