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In such situations, "especially if the comments have been made repeatedly" the employer may not be able to fire the employee at will. This seems to be the case with Joe, given the statements he received from his supervisors (Nolo, 2010). In the future, it would be wise for the Strong Steel Company to be careful about making such sweeping statements to employees, to protect the company's interests should the employee use such statements as evidence that they could only be fired with a 'cause.'
Even if the employer argues that there was no implied contract about his employment status, Joe's firing seems clearly linked to his ADA-qualified disability, given that he was told, after he returned to his employment after his operation that his employer felt that Joe was not doing a good job because of his heart problems. Joe, however, had only taken part-time leave for a relatively short period of time, and a week off, and was soon back to working with no restrictions. Combined with his previous, satisfactory performance reviews, this suggests that disability-based discrimination was behind Joe's termination.
Age discrimination is also a factor in the scenario, given that Joe's position was given to a younger worker whom might presumably command a smaller salary, and be cheaper to give health insurance to, as well other benefits. "The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate...
The company must conduct a briefing of all of its managers of federal law, regarding what constitutes a classified disability and age-related discrimination. The company was 'lucky' that Joe experienced no personal harm, found a better position, and his job prospects were not negatively impeded by the company's treatment of his case, but Strong might not be so 'lucky' in the future.
References
The Americans with Disabilities Act: Title II Technical Assistance Manual. (2010). Americans
with Disability Act. Retrieved February 7, 2010 at http://www.ada.gov/taman2.html
Employment at will: What does it mean? (2010). Nolo. Retrieved February 7, 2010 at http://www.nolo.com/legal-encyclopedia/article-30022.html
Facts about age discrimination. (2010). Equal opportunity Commission (EEOC).
Retrieved February 7, 2010 at http://www.eeoc.gov/facts/age.html
Henderson, Kelley. (1997). Overview. ADA. Retrieved February 7, 2010 at http://www.kidsource.com/kidsource/content3/ada.idea.html
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