10. A terminated sales representative claimed he was fired because he was HIV-positive. The company contended that...

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10. A terminated sales representative claimed he was fired because he was HIV-positive. The company contended that he was let go due to intentional disrespect for his supervisors and contravention of company rules. On appeal of the unemployment referee’s decision, the state superior court ruled that the plaintiff’s supervisor knew nothing of plaintiff’s health condition. This ruling became a final judgment on the unemployment compensation claim, which therefore was denied due to plaintiff’s willful misconduct.

Should this judgment collaterally stop the plaintiff from relitigating his disability claim against the former employer under the state’s antidiscrimination statute? See Shields v. Bellsouth Advertising and Publishing Co. [273 Ga. 774, 545 S.E.2d 898

(Ga. Supreme 2001)].

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Employment And Labor Law

ISBN: 94288

6th Edition

Authors: Patrick J. Cihon, James Ottavio Castagnera

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