A federal judge issued a key ruling in a wrongful termination case Wednesday. The case involves issues raised under the Family and Medical Leave Act and the Americans with Disabilities Act. Cincinnati wrongful termination attorneys are aware that many medical issues can fall within the scope of different state and federal laws, and it is important for workers to raise all of the proper issues that may be involved in an employment law case.

The ruling Wednesday was handed down in a West Coast federal trial court. A former executive chef had worker at a country club for nearly 20 years when he developed a life-threatening infection in June 2010. The chef suffered complications after surgery and went into septic shock, according to his lawsuit. Doctors placed the man in a medically induced coma as a part of his treatment.

By August, doctors brought the chef out of his coma. The restaurant apparently closes down during the summer months, so the chef did not expect to have to report back to work until October. The restaurant, however, maintained that the chef held a "key management" position, and they replaced him. The restaurant believed the worker was exempt from the protections of the FMLA due to his purported key managerial position.

The judge ruled in favor of the chef Wednesday on his FMLA claim, writing that the country club failed to show any evidence that it fired the executive chef due to a legitimate business need. The judge granted the chef summary judgment on the FMLA claim, essentially concluding that there is no question for the jury to decide on whether or not the firing was in violation of the FMLA.

The case will now proceed toward a jury trial. The jury will be asked to decide whether the facts of the case violated the ADA, and what damages, if any, should be awarded under the FMLA and ADA claims.

Source: The Desert Sun, "Ruling in wrongful termination suit favors former Thunderbird chef," Blake Herzog, Nov. 8, 2011