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        New Message Board Archives >> 2004 Posts >> ADA - and Termination
        
(Message started by: athos on Jun 23^rd, 2004, 7:51am)

Title: ADA - and Termination
Post by athos on Jun 23^rd, 2004, 7:51am

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....

Title: Re: ADA - and Termination
Post by thomas on Jun 23^rd, 2004, 8:31am

Go after the bastard. That is such B.S. >:( What a prick.

Title: Re: ADA - and Termination
Post by don on Jun 23^rd, 2004, 8:46am

A Company, depending on it's size, must under federal law provide "Reasonable Accomodation".

Get a lawyer.

Title: Re: ADA - and Termination
Post by athos on Jun 23^rd, 2004, 8:56am

25 employees well make that 24

Title: Re: ADA - and Termination
Post by purpleydog on Jun 23^rd, 2004, 9:06am

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

Title: Re: ADA - and Termination
Post by Melissa on Jun 23^rd, 2004, 9:08am

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

Title: Re: ADA - and Termination
Post by RevDeFord on Jun 23^rd, 2004, 9:09am

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

Title: Re: ADA - and Termination
Post by athos on Jun 23^rd, 2004, 9:13am

sweet thanks

Title: Re: ADA - and Termination
Post by miapet on Jun 23^rd, 2004, 9:15am

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

Title: Re: ADA - and Termination
Post by ShariRae on Jun 23^rd, 2004, 9:43am

Go Rev Go!! Great work getting him the info..
and as everyone said... get thee to a lawyer!!
Best of Luck
Shari

Title: Re: ADA - and Termination
Post by Prense on Jun 23^rd, 2004, 10:35am

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...

Title: Re: ADA - and Termination
Post by athos on Jun 23^rd, 2004, 11:23am

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

Title: Re: ADA - and Termination
Post by SFChris on Jun 23^rd, 2004, 11:25am

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

Title: Re: ADA - and Termination
Post by Prense on Jun 23^rd, 2004, 12:02pm

You don't have to be "disabled" to be discriminated against for a medical condition.

If I misunderstood you, please disregard.

Chris

Title: Re: ADA - and Termination
Post by Giovanni on Jun 23^rd, 2004, 12:11pm

Quote:

A Company, depending on it's size, must under federal law provide "Reasonable Accomodation".

Get a lawyer.

DITTO

John

Title: Re: ADA - and Termination
Post by fubar on Jun 23^rd, 2004, 12:53pm

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

Title: Re: ADA - and Termination
Post by RevDeFord on Jun 23^rd, 2004, 1:02pm

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.

Title: Re: ADA - and Termination
Post by Root on Jun 23^rd, 2004, 1:50pm

Immediately if not sooner. Get shark in a suit. [smiley=twocents.gif]

http://www.pritchettcartoons.com/illustration/firm_color.jpg

Title: Re: ADA - and Termination
Post by Big Dan on Jun 23^rd, 2004, 3:08pm

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

Title: Re: ADA - and Termination
Post by Cerberus on Jun 23^rd, 2004, 5:07pm

[smiley=bigguns.gif]

Sic Em Athos!...Kill! ;)

Ramon

Title: Re: ADA - and Termination
Post by Rock_Lobster on Jun 23^rd, 2004, 5:35pm

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!

Title: Re: ADA - and Termination
Post by purpleydog on Jun 23^rd, 2004, 6:22pm

on 06/23/04 at 15:08:25, Big Dan wrote:

a phone that records converations...
... get his slime ass to say that on tape...
-Big Dan

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

Title: Re: ADA - and Termination
Post by jonny on Jun 23^rd, 2004, 6:25pm

on 06/23/04 at 18:22:37, 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.

Unless you know AZ law, that law differs between states. I dont know AZ law so I cant say.

..............................jonny

Title: Re: ADA - and Termination
Post by Prense on Jun 23^rd, 2004, 6:33pm

on 06/23/04 at 17:35:22, Rock_Lobster wrote:

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. ;;D

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.

Title: Re: ADA - and Termination
Post by Mark C on Jun 23^rd, 2004, 6:34pm

In the words of my Attorney...

SUE THE BASTARDS!

http://legis.state.sd.us/images/miscGavel.gif

Title: Re: ADA - and Termination
Post by Rock_Lobster on Jun 23^rd, 2004, 6:55pm

on 06/23/04 at 18:33:24, Prense wrote:

In full agreement, so long as one never plans to bring their disability up in litigation against the employer. An employer has no duty to accommodate an employee's undisclosed disability.

The ADA regs are quite explicit. There is no 'By the way, I was disabled' accommodation... the doco requirements on the employee are quite specific...not overly burdensome, but timeliness is stressed.

Rock

Title: Re: ADA - and Termination
Post by athos on Jun 23^rd, 2004, 9:11pm

This "problem" arose from toooo much time sitting at the computer.... There are back spapms that render me to the floor at times. My termination letter said that since I counld not return to work... Then he had to replace me... That too much time was mostly spent at work... 85% of the time.... I would work 8:00/8:30 am to 7/8 pm

This is a lie.. I returned the the firtst day from the hospital. Still with these spasms.... but I returned. sitting was not much of a problem and a wheelchair would solve those. he refused..

basically the docs have no answers... but we shall see

I am goin to change all of the claims to workmans comp and see how many hairs raise on his head

Title: Re: ADA - and Termination
Post by Rock_Lobster on Jun 23^rd, 2004, 9:26pm

Have you spoken with an attorney, bro? Not something to take on yourself.

It does sounds like workers comp, based on your short explanation. Perhaps if the condition persists then you can followup with disability filings.

Attorney attorney attorney. Have I mentioned attorney? Call one up... they truly do rock in such situations. After your first meeting you will feel a weight lifted from your shoulders.

Best of luck.
Rock

Title: Re: ADA - and Termination
Post by Charlie on Jun 24^th, 2004, 1:53am

No matter what; it can't hurt to at least talk to a couple lawyers. The worst thing that can happen is not much.

Damn, nobody seems to care about the little guy now. I've never seen it so bad in my lifetime. Goodwill is out the window. >:(

Charlie

Title: Re: ADA - and Termination
Post by Prense on Jun 24^th, 2004, 4:03pm

Many attorneys will do a free consult...especially those specializing in this area. They will get paid after the fact. If they think it cannot be won, they wont take the case...nothing lost.

Chris