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Oracle Tips by Burleson |
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.
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