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Topic: ADA - and Termination (Read 839 times) |
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athos
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ADA - and Termination
« on: Jun 23rd, 2004, 7:51am » |
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Arizona is a right to work state... can an employer
discripminate on basis of a disabiliyt?... 99.9% of my job is
on the computer, I could do it in zimbabuai if there were pper
in teh printer.
However they fired me.
I tried to come in the day I got out of the hospital. They said
no... that I could fall down.. and with the drugs that I was on
that it was a no go.
I continued to call and ask if I could come in to work and just
sit and he said no. I asked about a wheelchair.. again.. no..
he called me yesterday and fired me...saying if I can't come to
work then he needs to find someone else... I told him that I
desperately want to come to work for him... beats the hell out
of siting at home... Hell here at home I could work on
projects.
Again he said no.
I told him that I would come to work in a wheelchair... again
he said NO. And that there was no room for negotiation......
With all that said... Is that not discrimination?.. Threfore
illeagal... and therefore I have him by by everything that he has I think....
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thomas
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Re: ADA - and Termination
« Reply #1 on: Jun 23rd, 2004, 8:31am » |
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Go after the bastard. That is such B.S.  What a prick.
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don
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Re: ADA - and Termination
« Reply #2 on: Jun 23rd, 2004, 8:46am » |
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A Company, depending on it's size, must under federal law provide "Reasonable Accomodation".
Get a lawyer.
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athos
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Re: ADA - and Termination
« Reply #3 on: Jun 23rd, 2004, 8:56am » |
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25 employees well make that 24
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purpleydog
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Re: ADA - and Termination
« Reply #4 on: Jun 23rd, 2004, 9:06am » |
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Get a lawyer, Athos. There may be a few laws they are breaking, so get a lawyer. In your kind of case, you may not have to pay the lawyer anything up front to tell them your problem.
Get a lawyer!
purpleydog
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Melissa
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Re: ADA - and Termination
« Reply #5 on: Jun 23rd, 2004, 9:08am » |
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Let me just 3rd this suggestion on getting an Attorney Ken. Or, at least call one up and ask if you would have a case, which I'm very sure you do.
Hugs,
 mel
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RevDeFord
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Re: ADA - and Termination
« Reply #6 on: Jun 23rd, 2004, 9:09am » |
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absolute violation of the ADA. Go get him, tiger.
ADA Title I: Employment
Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.
Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed
with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.
Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, contact:
(800) 669-4000 (voice)
(800) 669-6820 (TTY)
www.eeoc.gov
Publications and information on EEOC-enforced laws may be obtained by calling:
(800) 669-3362 (voice)
(800) 800-3302 (TTY)
For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:
(800) 526-7234 (voice/TTY)
www.jan.wvu.edu
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athos
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Re: ADA - and Termination
« Reply #7 on: Jun 23rd, 2004, 9:13am » |
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sweet thanks
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miapet
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Re: ADA - and Termination
« Reply #8 on: Jun 23rd, 2004, 9:15am » |
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get a lawyer . . and get the *^*^*^! ADA is here for a reason, so use it! I think you can contact ACLU, and they can direct you to someone who can help . .
*positive light and energy*
miapet
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ShariRae
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Re: ADA - and Termination
« Reply #9 on: Jun 23rd, 2004, 9:43am » |
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Go Rev Go!! Great work getting him the info..
and as everyone said... get thee to a lawyer!!
Best of Luck
Shari
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Prense
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Re: ADA - and Termination
« Reply #10 on: Jun 23rd, 2004, 10:35am » |
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Not knowing the entire situation... If you are capable of performing your work to the standards in the duty description, then you have been discriminated against. In numerous states (not sure about AZ), an employer can "fire" anyone for no reason at all (NM is one of those states). Your employer opened himself huge the way he fired you. A lawyer would eat his lunch. Again, the only grounds the employer may have is if you are not capable of performing your job with accomodations. By the sounds of it, you were not given that opportunity to even try. It sounds very wrong to me.
At this point, I would imagine he would offer you your job back once he realizes what he's done. If you take it, he'll find another reason to "can" you. Pursue the suit!
Let us know what happens.
Chris
Oh yeah, in the meantime, file unemployment...
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| « Last Edit: Jun 23rd, 2004, 10:36am by Prense » |
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athos
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Re: ADA - and Termination
« Reply #11 on: Jun 23rd, 2004, 11:23am » |
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Right now I am not technically disabbled... they will have to run test for up to 1 year to determine if I am disabled.....
Workmans compensation in another matter..... I can file a workmanscomp
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SFChris
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Re: ADA - and Termination
« Reply #12 on: Jun 23rd, 2004, 11:25am » |
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Athos,
Most attorneys will not charge you $ up front, but will take a % of your settlement (often 35%). I suspect that if an attorney contacts your boss, the company will move to settlement. At very least, they should in good faith negotiate some kind of termination package - 3 months salary, benefits continuation, and eligibility for unemployment insurance seems like a minimum. A company that terminates you after you get out of the hospital is just asking to be sued, so give em what they asked for...
Good luck.
Chris
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Prense
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Re: ADA - and Termination
« Reply #13 on: Jun 23rd, 2004, 12:02pm » |
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You don't have to be "disabled" to be discriminated against for a medical condition.
If I misunderstood you, please disregard.
Chris
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Giovanni
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Re: ADA - and Termination
« Reply #14 on: Jun 23rd, 2004, 12:11pm » |
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Quote:A Company, depending on it's size, must under federal law provide "Reasonable Accomodation".
Get a lawyer. |
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DITTO
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fubar
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Re: ADA - and Termination
« Reply #15 on: Jun 23rd, 2004, 12:53pm » |
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This always looks so cut and dried, but of course it is not.
Yes, from all appearences this looks like discrimination, and it looks like an open and shut case.
HOWEVER
Be aware that when compainies choose to defend their position, you will be facing the ugliest battle of your life. They will find every flaw in your performance, use every day you were gone against you as proof of your inability to perform.
All I'm saying is this, choose to fight (it's the right thing to do) but be prepared for an ugly battle. Be prepared to be called a low-life sponging scumbag. Be prepared to defend your performance with documentation, not just words. Be prepared with evidence from colleages and business associates that will attest to your version of the facts. Be aware that current employees may need to be compelled to testify, since most will refuse initially in order to keep their own job safe.
In a dog-eat-dog world, this is the land of milkbone underwear.
-Fu
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RevDeFord
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Re: ADA - and Termination
« Reply #16 on: Jun 23rd, 2004, 1:02pm » |
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Did you receive this injury or illness at work? If so, you can file workman's comp. If not, you can't .
Workman's comp is to insure you from injury or harm during the course of your duty on the job.
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Root
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Re: ADA - and Termination
« Reply #17 on: Jun 23rd, 2004, 1:50pm » |
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Immediately if not sooner. Get shark in a suit. 
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| « Last Edit: Jun 23rd, 2004, 2:03pm by Root » |
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Big Dan
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Re: ADA - and Termination
« Reply #18 on: Jun 23rd, 2004, 3:08pm » |
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Again... yeah.. get a lawyer.. and a phone that records converations...
... get his slime ass to say that on tape...
I highly doubt the American's With Disabilities act, and those that are strict supporters would go for that. And the lawyers love cases like these...
-Big Dan
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Cerberus
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Re: ADA - and Termination
« Reply #19 on: Jun 23rd, 2004, 5:07pm » |
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Sic Em Athos!...Kill! 
Ramon
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Lobster
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Re: ADA - and Termination
« Reply #20 on: Jun 23rd, 2004, 5:35pm » |
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Now with the ADA... is there not some requirement to notify your employer of your disability while still employed? There is a set of forms one must fill out.. the STD/LTD paperwork of your Co... whatever may be the case. Your employer will have a set amount of paperwork for you to document your condition with specifity.
It is to prevent spurious after-the-fact lawsuits after one is fired. The basis is that an employer cannot be expected to make accomodations for a disability that they know nothing about.
That said, a transient medical condition is something else, as in the case of Athos. He has probably already spoken with an attorney by now.
The lesson here... if ANYONE believes that CH may affect their jobs... start the disability paperwork TODAY. I consulted with my attorney and my doctor on this... trying to claim disability after the fact will never fly.
On that note, I did not do the paperwork, as the worst that happens to me is that I disappear for an hour or two during the day (I work from home) if I decide not to take a Trex shot (never happens). I have it in writing from work that this is not a biggee, so did not follow through on the papers at this time.
Good luck Athos! Tear them up!
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purpleydog
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Re: ADA - and Termination
« Reply #21 on: Jun 23rd, 2004, 6:22pm » |
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on Jun 23rd, 2004, 3:08pm, Big Dan wrote: a phone that records converations...
... get his slime ass to say that on tape...
-Big Dan |
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Get someone to tape the conversations for you, with your permission. That is legal. You can't record it. Someone else has to. With your permission.
pd
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jonny
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Re: ADA - and Termination
« Reply #22 on: Jun 23rd, 2004, 6:25pm » |
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on Jun 23rd, 2004, 6:22pm, purpleydog wrote:| Get someone to tape the conversations for you, with your permission. That is legal. You can't record it. Someone else has to. With your permission. |
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Unless you know AZ law, that law differs between states. I dont know AZ law so I cant say.
..............................jonny
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Prense
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Re: ADA - and Termination
« Reply #23 on: Jun 23rd, 2004, 6:33pm » |
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on Jun 23rd, 2004, 5:35pm, Rock_Lobster wrote:| Now with the ADA... is there not some requirement to notify your employer of your disability while still employed? There is a set of forms one must fill out.. the STD/LTD paperwork of your Co... whatever may be the case. Your employer will have a set amount of paperwork for you to document your condition with specifity. |
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If I am not mistaken, an employer may not inquire about disabilities unless it will affect your performance with accomodations. I do not recommend letting any employer know about a medical condition that they have no reason to know about. If you need accomodations to do your job, that is a different story. If your disability is obvious (limb missing, etc.) then you can let them know about it. 
I am currently dealing with the DVOP at the local department of labor and that is basically what they are telling me.
Discrimination: sex, race, disability or religion is extremely difficult to prove. This is mainly due to what Fu posted as well as various state laws governing employment. It would help immensely if this guy has a history of doing this.
Chris
Edit: Once you bring up the disability to an employer, you open up the door.
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| « Last Edit: Jun 23rd, 2004, 6:36pm by Prense » |
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Mark C
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Re: ADA - and Termination
« Reply #24 on: Jun 23rd, 2004, 6:34pm » |
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In the words of my Attorney...
SUE THE BASTARDS!
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| « Last Edit: Jun 23rd, 2004, 7:01pm by Mark C » |
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