Ashley Merard won her lawsuit against the Burger King Magic Burgers LLC franchise in the US District Court of Orlando Orlando Sentinel. Merard accused Burger King of firing her for using a windpipe.
“You can’t tell her to remove the tube. She would die … It’s a question of what’s right and what’s wrong, and that’s wrong,” said her lawyer, David Barszcz Orlando Sentinel.
The lawsuit alleges that Merard’s trachea was visible during her interview with the general manager who hired her. After six weeks on the job, an “executive” saw her at work and said she had to “go.”
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Merard, who filed for damages for violating the Americans with Disabilities Act, received punitive damages of $ 2 million, $ 30,000 for emotional pain and anguish, and more than $ 15,000 for lost wages.
Magic Burgers attorney Jesse Drawas says the company plans to appeal the ruling. Drawas says Merard “voluntarily quit his job without notice … he simply stopped showing up for work without telling anyone,” according to court documents.
Merard was in a car accident in 2017, reports the Orlando Sentinel. Since then, he needs the hose to breathe, according to the documents.