Red Wings Zamboni driver sues after being fired for urinating in drain at work

As the Detroit Red Wings take to the golf course after failing to make the Stanley Cup playoffs this season, another hockey-related development has transpired in the Motor City: a long-time Zamboni driver and employee of the Red Wings organization was fired from his job after he was discovered peeing into a floor drain.

The terminated employee, Al Sobotka, started working for the Detroit Red Wings when he was only 17 years old. He was fired two months ago at the age of 68 after a long career with the team. In response to the layoff, Sobotka recently filed a lawsuit, alleging discrimination on the basis of his age and disability.

Incident sparked by medical condition

Media reports suggest that Sobotka suffers from benign prostatic hypertrophy, a condition which causes frequent and uncontrollable needs to urinate. The lawsuit alleges that due to this condition, Sobotka had no choice but to urinate into a drain in the Zamboni garage at the Red Wings’ home arena, Little Caesar’s Arena. Since the bathroom was more than 60-70 feet away at the time the urge to urinate occurred, Sobotka’s claims he could not have made it to the facilities in time.

Why he would be owed severance in Canada

In the United States where Sobotka worked, almost all employees are employed on an at-will basis. Employers are entitled to terminate an employee without severance, subject to local laws prohibiting discrimination in hiring and firing, as well as provisions in an employment contract that could provide for a right to severance in the event of termination.

In Canada however, an employee in this situation has a strong case for severance pay, through a termination without cause. An employee has to be guilty of serious misconduct in order for the employer to fire them without a severance package – a termination for cause. If Sobotka’s need to pee in the drain was caused by his medical condition, then his actions come nowhere close to the standard required to terminate an employee without a severance package. In fact, if Sobotka’s allegations are true, he is not guilty of anything besides suffering from a fairly miserable condition.

Employer’s failure to accommodate

In both the American and Canadian there would be a strong case to establish that the employer discriminated against Sobotka in this case.

If the Zamboni driver’s medical condition left him with no choice but to urinate into the drain or wet himself, then the employer’s decision to fire him because of the incident in question would very likely be discriminatory. Employers in Canada have an obligation to accommodate employees due to disability rather than let them go. This must be done to the point of undue hardship – a very demanding standard. Had this incident occurred in Canada, it is hard to imagine how the employer’s actions would not amount to discrimination under human rights legislation across the country.

Contact an employment lawyer

If you have lost your job due to the impact of a disability or medical condition, you should always speak with an employment lawyer at Samfiru Tumarkin LLP to discover your options. As Canada’s most positively reviewed employment law firm, we can give you the advice you need, the compensation you deserve.