There are many reasons for a worker in California to believe he or she has been subjected to a wrongful dismissal. One is if an illness is disclosed. A worker at Wal-Mart alleges she was dismissed from her job because she is HIV-positive. The incident began with an underage person taking beer and heading to the exit at a time when the store is not legally allowed to sell alcohol.
The woman crashed through the glass door when the alleged shoplifter pushed her. Her wrist was broken and she bled from the nose. As co-workers went to help her, she told them about her medical status. The woman’s filing states that the store did not report the incident to law enforcement and she was not given medical treatment for three hours. She says that managers told her she would lose her job if she departed the store as they looked for a drug-testing kit. The store sells these kits.
The woman was subsequently suspended from work. When she complained, she says that she was fired. The manager referenced the Health Insurance Portability and Accountability Act. This act is meant to protect a person’s privacy when it comes to health care issues.
The woman also believes she was a victim of retaliation because she did not redeem the full amount of food stamp vouchers when the amount that was used was less than the voucher. She says that doing so would have been a form of fraud and she refused to take part. Allegations like this exemplify why there are laws in place to protect workers from wrongful termination. Those who believe that they have been the victim of such practice may want to discuss their case with an employment law attorney.
Source: Courthouse News Service, ‘HIV-Positive Woman Fights Wal-Mart Firing,” Ramona Young-Grindle, Aug. 28, 2015