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Wrongful Discharge Case

An executive for a soft drink company was fired while under treatment for alcoholism. The fired employee filed a wrongful discharge lawsuit against his former employer. He claimed discrimination based on his alcoholism under the Americans with Disabilities Act. The lawsuit further contended that he should have received accommodation from the employer, allowing him to finish a treatment program for alcoholism and return to work.

The employer attempted to defend the case by stating that the former employee had a prior record of poor job performance and violent behavior. This was found not to be the case by the jury based on a lack of evidence and the fired employee was awarded $7.1 million. The employer had not conducted due diligence in documenting performance appraisals and had not kept records on disciplinary actions.


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm


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