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“If my time is counted, I will fight”: Rocío continues to defend her unfair dismissal

Death can come at any timeshe says resigned Rocío García Ramírezwho despite cancer in phase 4A stage that has invaded his body, he went to the high Court of Justice (TSJ) of Mexico City to face the lawsuit filed against him by the transnational trigger who presides over the Spanish Jose Manuel Entrecanales Domecqfor alleged defamation.

In financial ruin, in poor health from disease that metastasized and spread to his lymph nodes, lungs, and bones, Rocío García Ramírez went from beating the company Acciona México in the Supreme Court of Justice de la Nación (SCJN) to be in the dock for making public his dismissal that occurred in 2013 for having cancer.

“It has been 10 years where I have believed that they have bet more because I lose my lifethat in really doing justice, comments regarding senior managers of Acciona Mexico.

the broken chair was able to talk to Rocío for a few minutes before she was admitted, accompanied by her mother, to the Tenth Civil Chamber of the high Court of Justiceon Niños Héroes avenue, in the Doctores neighborhood, where her lawyers and the legal representatives of the transnational were already waiting for her.

It can be days, months, perhaps two years, maximum, he relates about the time he has left to live, but he assures that if God has allowed him to reach this audience on February 21, 2013 is for some special reason; maybe, comment, for fend in a manner worthy of the new discrimination of trigger.

You don’t have to have lost your hair. Nor does her agony have to be visible, however, this woman suffers from stage 4A cancer, for which she undergoes palliative treatment and not chemotherapy, since it indicates that she will only serve to extend her life a little more. .

With a lot of dignity, but also a lot of fear, she maintains that this may be the first and only hearing in which she appears, after she was notified in September 2022 of the lawsuit filed by Acciona against her for alleged defamation.

He maintains that perhaps his only “sin” was having cancer and considers that it is a new act of discrimination that the transnational company is demanding a public apology and the payment of a peso for alleged damages, after having publicly disseminated his case.

“This is something shameful, that we are fighting that a person with so much power is fighting against a person who only has cancer. Apparently my mistake or my sin has been having cancer, because at the time the Supreme Court ruled, he (José Manuel Entrecanales Domecq) already saw it as something personal and he has taken it as if I were fighting against him and not It is like that, I am fighting for my rights and for my safety.”

Rocío tries to be firm, suddenly seems to break, and keeps going until ask for trigger to “have compassion” because the cancer and the company have already ruined his life.

It shows that, although the cancer It is not the company’s responsibility, it is having left her defenseless when firing her in 2013.

Doctors have told him that “clinically it is a miracle” that he is still alive. She is aware of the seriousness of her disease, so her desire is to end what she describes as a nightmare and spend his last days in a dignified manner.

Rocío García Ramírez refers to nearly a decade of litigation against Acciona Mexicowhere she was a successful executive on the cusp of taking over management until she was diagnosed with breast cancer, causing her to be fired in 2013.

Far from sitting idly by, he undertook his battle against the disease and the transnational until the case reached the Supreme Court of Justice of the Nation (SCJN).

It was in 2017 when the high constitutional court ruled in favor of this woman and declared that hers is the first case of employment discrimination for unfair dismissal in Mexico. Things, however, did not improve. They neither reinstated her nor compensated her fairly and she signed an agreement with a settlement that she only accepted because she was desperate.

What do you expect from this audience?

I am here because the Acciona company filed a lawsuit against me for feeling damaged in its image and wants a public apology after the Supreme Court ruled that I had been a victim of discrimination by Acciona.

And by making it public they feel damaged in their image, and they are suing me for a peso for non-pecuniary damage that is not really the subject of a lawsuit and they want a public apology, which for me is a new gesture of discrimination, I feel discriminated, persecuted, intimidated.

Did you win in court after being fired for having cancer?

The Supreme Court of Justice established that they had to reinstate me, they had a complete refusal and I no longer had money, because I was left without a job, without social security and I was forced to sign the agreement where we terminated a labor relationship, but in the fourth clause they asked that I not appear in the media again so that no one would know that they had discriminated against me.

How is your health?

My type of cancer is breast cancer with intermittent metastasis to lung nodes and bones, what does it mean? suddenly it appears and with a good treatment it disappears, right now I am not having that type of treatment, there is no money for me to continue with my treatment, they know and well beyond anything, I am in stage four which is the highest in cancer.

“It is not necessary that I do not have hair, my cancer is in my body and at any moment I can have a respiratory arrest. And that’s where my life goes.”

Did Acciona question or doubt your illness?

They know for a fact (that he has cancer), they ordered the studies to be done because they had promoted me for a position and they sent me to do the study so that I could meet the last requirement, and that was where my disease was already determined. The stadium then was 3B, now it is a 4A stadium, that was in 2013, my dismissal, I have been feeling persecuted for 10 years.

How do you feel before the hearing, are you afraid of death?

Of course I fear death, without a doubt, I know that it can happen at any moment as the doctors have explained to me; However, if I am going to die and if my time is limited, as the doctors say, the only thing that could give me more life would be to have decent treatment, I do not have it and of course I am afraid, I am sad about everything that happens to happen in at the audience.

Today they could be within their free right not to appear and say: you know that we don’t have any, we don’t want to reconcile, we’re not interested in reconciling, we’re interested in following it, and they also know that I may not finish the litigation, I may die earlier.

Do you think that you bet because you lose your life instead of compensating or withdrawing the lawsuit against you?

I believe, rather I assure, for 10 years now, where I think they have bet more because I lose my life feeling that my litigation could end there; My case, however, is not like that, it has not been like that, God has me here today. Clinically, for my doctors, I am a miracle, because in my stadium I should no longer be standing or in front of you, nor in this hearing, perhaps this will be the last hearing… well, my death would most likely be before the end the trial.

What is your economic situation?

My economic situation is very deplorable, I no longer live in the city, I already lost, well, not me, I and my entire family already lost the family patrimony, the only thing left was a house in Hidalgo, which is where we had to arrive on the 31st to live there is no way to continue in the city.

Would you ask the government, the authorities for something?

Of course, the only thing I ask is that there is no corruption because in my case it has been plagued by corruption. In fact, there is corruption right now in a case that I have in parallel, which is a criminal case for threats because they have threatened me, because they have discriminated against me. and there were already indications of discrimination, of corruption sorry and they are already being investigated.

Rocío filed a complaint with the Attorney General of Justice (FGJ) of Mexico City after being threatened by an employee of trigger; At first, the Public Ministry tried to close the investigation folder with the proposal not to exercise criminal action, but she complained and the complaint is still open.

What do you say to the prosecutor Ernestina Godoy who has promised justice with a gender perspective?

I would like to tell you nothing more than to not allow my case to lend itself to corruption as they are doing to this day, for this reason there are public servants being investigated.

Do you have faith in moving forward?

I am going to say it with the words that I feel right now, I would like to enter and I would like to end this nightmare, I no longer want to continue, I no longer want to be persecuted, I no longer want to be intimidated, I no longer want my family to be in danger, I now want to have peace and I want to be given the opportunity to have a dignified life and to have dignified treatment to be able to spend my last moments of life, I don’t know if they are days, months, maximum two years, don’t worry, but I can’t be without this I finished.

Is there hope in the medical part?

Until now, the doctors have told me no (…) there could be some kind of chemo, some medication that allows me to do it, but right now, since everything has stopped, I am not taking the chemotherapies or the proper treatment, so to speak of there being something that could possibly help me, but to be honest the only thing that could happen is that my metastasis to the whole body that is already spreading will go much slower.

What do you think of the precedent you have left in Court?

It is already being used, the precedent is the right to non-discrimination at work due to illness, mine was due to cancer, here they expanded it for chronic illnesses and well, I think it really opens the gap for a whole health labor legal issue

How do you feel now in the defendant’s dock?

This lawsuit is nothing more than another gesture by the Acciona company of being discriminated against, of being persecuted, of wanting to silence me and restrict my right to free expression. Why? because a peso is not the subject of any lawsuit, here the only thing they want is to submit to me and for me to come out and apologize because I have damaged their image because they discriminated against me for cancer, that is.

Have you tried talking to the highest executive at Acciona?

Of course, the CEO of Acciona tried to speak, but he blocked me (…) José Manuel Entrecanales Domecq, of course, blocked me and I depend on him, he is the one who is making the decisions directly worldwide, he is the CEO of Spain (Acciona) is a transnational company, we are not talking about a small company, we are talking about one of the largest companies in the world.

Rocío García Ramírez You must enter your hearing, where your lawyer and legal representatives of trigger. Kindly ask not to touch the subject anymore for now. He hopes to pass with dignity, as he has for a decade.

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