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Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience:  GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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Termination because of disability...

Customer Question

I think I was fired from my last job because of a medical disability. How do I prove that?

I told my immediate supervisor that I had been diagnosed as having Attention Deficit Disorder and that I was taking Adderall. The reason I did this is to protect myself so that they didn't think I was doing drugs. Adderall contains amphetamine salts and I was told that it can make you appear as if you are in a haze. In the employee handbook I received, it said that if you are taking any medication that may impair your ability to work, you are required to tell your supervisor or manager.

On 8/28, I was fired for "disregarding store policy." Since my supervisor knew I had this disorder and knew the symptoms (her roomates's daughter had it), I don't understand the reason of being fired. One of the symptoms is being impulsive (not on purpose).   I didn't realize it at the time, but I think I was fired for my disability. I don't have documentation of the termination, but I do have medical documentation, and I am going through my college's student disability services for my learning disability. What do I need to do to prove this to the disability protection act of the USA? Please help. Any council that you can give me that helps would be greatly appreciated.
Submitted: 8 years ago.
Category: Legal
Expert:  Ed Johnson replied 8 years ago.

DearCustomer

The proximity of the discharge to your revealing the condition is sufficient in most cases to proving you were discharged for the disability.

You are not tellilng me the date you told the information, or the date of your hire.

You are also not telling me the reason you were fired. It is not enough to state that you did not follow the brosure. It had to be a specific item in the broshure.

So lets say for example: You were not given the handbook until after you were hired. Within two weeks time you read the handbook and realized you needed to tell your supervisor of the medication. Then within another two weeks you were fired.

This is too coincidental.

My advice is to seek an attorney to discuss your grounds for wrongful discharge and protections under the ADA. Not only can you bring a punitive charge, but you may also be able to file civil suit.

 

Customer: replied 8 years ago.
Reply to Ed Johnson's Post: I was told when I was hired that I would not be able to answer specific questions relative to products we carried in the Nutrition department. This was the department I worked in. I was fired because someone I worked with told them that I was answering specific questions, when I wasn't. I believe that they were looking for an excuse to fire me since I had the disability.

I was hired on 7/24. I told them I had the disorder around 8/20. I was fired on 8/28.

I was given the Employee Handbook before I started working. I had to sign the handbook saying that I received a copy and understood the guidelines before I could even work.

My question was, what paperwork do I need to prove that I was terminated unlawfully? If I have no documentation of the termination, just what I know, am I allowed to get a copy of my personnel file from the store?
Expert:  Ed Johnson replied 8 years ago.

You are allowed to have a copy of the documents on file.

You can also request a termination letter.

If they do not want to cooperate, you can obtain an attorney to write them a third party letter asking that they provide the information.

You can also file a complaint with the state Department of Labor for wrongful discharge.

A lot of paperwork proving things is not required. The fact that you were fired in close proximity to the discloser and in response to hearsay, is sufficient grounds.

The records will be considered property of the business, however you are entitled to a free copy because of the freedom of information act and privacy laws.

The attorney can take actions that will compel them to give you copies of your records.

 

Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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Ed Johnson
Ed Johnson
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GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999