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Wrongful Termination

Essay by   •  February 12, 2016  •  Essay  •  767 Words (4 Pages)  •  1,247 Views

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In the place of business there are many scenarios that play out that could ultimately end in wrongful termination. Over the years, there have been numerous laws put into place to protect employees from being fired for reasons that are out of their control. Whether it be injuries or personal reasons, companies are bound by law to act accordingly. It is unlawful for them to terminate an employee due to what they consider an inconvenience.

There have been many cases with wrongful termination one for example is the case of Raymond Adame. Adame had worked for the company Alcoa Fastening Systems for more than three decades before he was injured on the job. While working Adame was hit by a falling transformer which in turn severely injured his arms giving him limited ability use them on the job properly. Adame went through the regular process and went on medical leave and upon his return he experienced unlawful actions from his employer. The company put Adame through many trials of discriminatory behaviors such as, “disability discrimination, failure to accommodate for his disability, failure to engage in interactive process for FEHA, harassment, retaliation, and ultimately, wrongful termination.” Since Adame was unable to lift heavy objects he was given a desk job to sort papers. While performing this job, employees within Human Resources verbally discriminated against him for not being able to perform a manlier position. Alcoa even went as far as to tell Adame that he would not need a lawyer and not to get one because the company doesn’t approve of it. After working for about a week sorting papers, Alcoa terminated Adame and informed him that they would not offer him any other positions.

According to ADA guidelines companies are not allowed to deny a job if an employee is fully able to perform that job. During the trial it was revealed that there were at least three other job positions open at the time Adame was terminated. All three of these jobs could have been performed by Adame with his disability, yet no one at the Alcoa Company even recommended the positions let alone offered them to him before deciding to terminate him. Adame’s lawyer was able to prove in court, that Alcoa purposefully did not offer any other positions within the company, as well as terminated Adame due to his disability. Individuals who go through this type of discrimination are put through a lot of stress, anguish and fear of damaging the rest of their working career. Adame was able to sue Alcoa for 1.5 million dollars covering mental suffering as well as past and future earnings that are lost due to Adame’s disability.

The Adame case is just one example of the difficulties those with disabilities may endure within the workforce. In the past it was a major problem for those who had

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