Employment Law Questions? Ask an Employment Lawyer.
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While not required by law, it is the ethical thing to do in having some sort of advocate in place when this decision is made and relayed to the employee. Moreover, as an employer, there should be documentation that all reasonable accommodations have been attempted and exhausted before the decision to terminate. If that is not in place and documented, there is great exposure for an EEOC suit based on disability discrimination.
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If you believe he was not treated fairly, which is entirely possible, if not likely, I would contact your local EEOC office and you and your son set up a meeting. You can meet with an EEOC representative and file a complaint against the employer. The EEOC will investigate and if they find merit, will allow you guys to sue in federal court for damages, attorney fees and even being placed back in the company. The civil rights act specifically protects individuals with disabilities from being treated in this manner when no reasonable accommodation has been made or attempted to be made.
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