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January 31, 2013 / Teresa Mkhitarian

Lawsuit Alleges Microsoft Fired Employee after Libyan Ordeal

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A lawsuit filed in federal court claims that Microsoft fired a marketing employee in retaliation for speaking to reporters about the Libyan revolution and suffering from post-traumatic stress disorder (PTSD).

Mahmoud Kedkad, a Libyan national and a naturalized U.S. citizen, was put on a hit list in Libya because he worked for an American company. Libyan government troops had killed members of Kedkad’s family, and he himself was put on a “hit list” prior to fleeing to the U.S. Upon arriving to the U.S. Embassy in Istanbul, Turkey, Kedkad responded to questions by news reporters about the situation in Libya.

Upon his return to California, Kedkad’s psychotherapist instructed him to stay home while recovering from PTSD. However, Microsoft informed him that they had relocated the job to Dubai. Kedkad’s request to work from home was denied and after he was well enough to return to his job, Microsoft informed him that the only way he could continue to work for the company was to apply to a U.S. job opening.

Kedkad has not been able to secure another job with Microsoft. Through his lawsuit, he is seeking lost wages, front pay, and $3 million for Microsoft’s failure to provide reasonable accommodation, disability discrimination, wrongful firing, and breach of contract.

Title I of the ADA prohibits employers from discriminating against qualified individuals on the basis of disability with respect to discharge or terms of employment. The ADA directs that employers make reasonable accommodations to mental or physical limitations of employees. Similarly, California’s Unruh Civil Rights Act bans discrimination by all business establishments in California on account of of age, ancestry, color, disability, national origin, race, religion, sex and sexual orientation.

If you have been improperly terminated at your place of employment, please contact Khorrami, LLP for a confidential consultation.

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