On April 13, 2015, the United States District Court for the Western District of Kentucky heard a case where the plaintiff sued alleging disability discrimination and wrongful termination. (See Williams v. Steak’N Shake, 2015 WL 1638278 (W.D. KY 2015)). The plaintiff filed this federal Kentucky Disability Discrimination, Wrongful Termination pro se which means she was not represented by a lawyer.
The defendant claims they terminated the plaintiff for having a poor attitude at work. Id. They filed out a form indicating such and took statements from witnesses reflecting said poor attitude.
As to her disability claim, the court found that there was no proof that the plaintiff had a disability at all. To fall under the protection of the ADA, the plaintiff had to prove that she had a physical or mental impairment that substantially limits one or more of the major life activities. Id. She did not do this. Though she claims that she did mention on the day of her firing that her back was hurting and that she wanted to go home, this was not enough. There is no proof that plaintiff had a bad back condition that substantially limited any of her major life activities. Id. Period back spasms was insufficient. Id. But, even assuming she did prove she had a disability discrimination claim, the defendant did present evidence of a legitimate, nondiscriminatory reason fro terminating her employment. Id. Thus, the defendant met its burden of proof.
Next, as to her wrongful termination claim, the plaintiff failed to prove a violation of public policy. Id. An employer may discharge his at-will employee for good cause, no cause, or for a cause that some might view as morally indefensible. (cites omitted). As to this count, the plaintiff did not provide one scintilla of evidence as to this claim. Thus, the court dismissed this count as well. Plaintiff should have hired a Kentucky Disability Discrimination, Wrongful Termination Lawyer.
If you have been the subject of a Kentucky Disability Discrimination, Wrongful Termination Lawyer case, please call and speak to a Kentucky Disability Discrimination, Wrongful Termination Lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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