Termination Analysis
Conduct a search to find a recent case in the news related to wrongful termination. Describe the case, the
primary issues that exist, and include an analysis of whether this is a case of wrongful termination based
on what you have studied during this unit.
Note: The case must be recent – not older than a year.
EMPLOYMENT LAW FOR HUMAN RESOURCE PRACTICE 2
Termination Analysis
On October 6, 2014, a woman from Hancock County filed a suit in the Hancock Circuit
Court against Wal-Mart Associates Inc. and Linn Rocchio for wrongful termination (Cosby,
2014). The plaintiff alleged that she was interviewed for a job by Wal-Mart in May 2013. She
informed the interviewing manager that she was pregnant although she intended to return to
work after giving birth, of which she was assured she would be eligible for unpaid leave. After
working for some time, the plaintiff started to experience pains related to her late-term
pregnancy. Since she was not allowed to sit at work, she missed several days because of the
complications for which she supplied the manager with a doctor’s note. Thus, she requested for a
pregnancy leave from her supervisor. She was given forms by the supervisor to be signed by her
doctor and returned to Rocchio, the human resources manager.
Rocchio informed her that Wal-Mart had refused her leave related to pregnancy and that
her employment was to be terminated. The plaintiff accused Wal-Mart of wrongful termination,
violation of the West Virginia Human Rights Act – sex discrimination, encompassing
discrimination on grounds of pregnancy. The Act also prohibits discrimination on grounds of
disability and the plaintiff also sued on this ground due to the fact that the Act requires an
employer to modify conditions of employment for employees whose pregnancies are disabling in
addition to providing leave for childbirth. Therefore, she sought back pay, front pay, benefits,
damages and attorney fee (Cosby, 2014).
This case is a perfect illustration of a wrongful termination suit. Wrongful termination on
ground of discrimination occurs where an employee is a member of a protected class, he/she is
qualified for the position, she is fired, and that the decision was based on the employee’s
protected class.
EMPLOYMENT LAW FOR HUMAN RESOURCE PRACTICE 3
Reference
Cosby, A. (November 5, 2014). Woman Says Wal-Mart Fired Her Because of Rough Pregnancy.
West Virginia’s Legal Journal.
