Attorney Gerardo Hernández obtained a defense award in favor of a stateside retailer in a wrongful discharge and employment discrimination case. In the action before an arbitrator of the American Arbitration Association, the former employee alleged that his termination was wrongful and discriminatory because he was legitimately suffering from a medical condition that prevented him from working as a store manager when he was terminated from his employment.
The arbitrator dismissed the Petition filed by the employee following an arbitration hearing and ruled that if the employee was sick and unable to work in his role as a store manager under orders of home rest, he was also unable to travel outside the Island to perform with a rock band with whom he was employed on a part time basis. In the case, the employer made the decision to terminate the employee after employees brought to management’s attention that the employee, who was away from work on medical orders, had posted updates on social media while participating in concerts with this rock band away from Puerto Rico during the time he was away from work. The employee alleged that the job requirements differed from those involved in travelling with his band and performing in concerts. The arbitrator disagreed and ruled in the employer’s favor ruling that said conduct was dishonest and constituted just cause for termination considering the employee’s role as a store manager.