A terminated sales representative claimed he was fired because he was HIV-positive. The company contended that he
Question:
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 plaintiff’s supervisor knew nothing of his 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 discrimination 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)].
Step by Step Answer:
Employment And Labor Law
ISBN: 9781439037270
7th Edition
Authors: Patrick J. Cihon , James Ottavio Castagnera