Fired from a job due to a disability.

While working for a large cable company, you discover that you experience great pain while performing a part of the job function (after employed for aprox. 6 moths.). You fail a training course due to the pain from your knees. Your employer tells you that you must see a doctor before you can retest. The doctor tells you that your pre permanently disabled from the position that you are currently doing due to a knee/joint disability.
You go back to your employer to give them the information and you are asked to work in the dispatching department to accommodate you for the disability. You accept the position but are called on the telephone a few hours later by your supervisor and told that you are not to report to work and you are to “just hang in there until further notice”. They fire you saying that you were “hiding a disability and unwilling to comply with companies request. I had never stated that I had a disability but they told me that I had to put on a report that I had experienced pain in my knees in the past. But everybody had pain at one point or another but I have never experienced pain like this before. I had never been diagnosed in the past until I worked for this employer. Can they fire me because of this disability? I was told that I should do something about it but I was told by the American Disability department that it could take thousands of dollars to prove my case and it would not be worth it. Is somebody hiding something? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Edgardo Rafael Baez

Edgardo Rafael Baez

Contributor Level 8
Although I don't practice in your state, federal law covers discrimination. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

In your case, it sounds as the employer does not want to incur the cost of providing for your medical treatments. Contact an attorney in your area.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.