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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113381
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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NOT SURE WHERE TO BEGIN. MY SON IS AN ADULT W/ADD & OTHER

Customer Question

NOT SURE WHERE TO BEGIN. MY SON IS AN ADULT W/ADD & OTHER CONCERNS. HE RECENTLY LOST HIS TEACHING JOB, CONFLICTING ISSUES,
HE NEEDED TO LEAVE ON WHAT HE FELT WAS EMERGENCY. HAD ANOTHER TEACHER WATCH HIS CLASS. WHEN HE WAS LEAVING PRINCIPLE APPROACHED , "CANT LEAVE", SON RAISED HIS VOICE, SHE TOLD HIM TO LEAVE.
HE SENT HER A TEXT APOLOGIZING & SHE RESPONDED W/THEY WOULD DISCUSS IT LATER, HE WALKED INTO HER OFFICE EXPECTING A DISCUSSION OR A WARNING , SHE GAVE HIM A CHANCE TO "RESIGN"! WHEN HE RESPONDED W/FEELING THAT WAS UNFAIR IT WENT TO "TERMINATION"! ANYWAY, WHEN HE LEFT HE WAS UNDER IMPRESSION HE HAD RESIGNED, WHEN HE CALLED BACK ABOUT PAPERWORK HE WAS INFORMED HE HAD BEEN TERMINATED. THE THING IS WHEN HE WENT FOR THIS "MEETING" HE TOOK PRESCRIPTIONS AND DRS. REPORT AND THE PRINCIPLE BASICALLY IGNORED IT!!
HIS NEUROLOGIST HAS TOLD HIM HE HAS EVERY RIGHT UNDER DISABILITY LAWS! ALL HE WANTS IS TO HAVE PAPERS CHANGED TO "RESIGNED".
HE FEELS "TERMINATION" WILL HAVE AN AFFECT ON BEING REHIRED ELSEWHERE. PLEASE ADVISE.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your son was terminated based on his disability then the neurologist who provided legal information to your son is correct. In order for your son to have a case against the employer he has to prove the sole reason for his termination was based on his disability, which the employer was aware of at the time of the action. If he has this evidence, his first step must be filing a complaint with the EEOC, since they must investigate his claims and issue a right to sue letter to your son.

So the first step is for your son to file a complaint with the EEOC for discrimination based on his disability and provide evidence that the reasons given by the employer regarding his conduct are just a pretext for discriminating against him for his disability. Your son also needs to file a grievance through the employer's internal system to appeal the termination immediately to seek to get a hearing and review of his termination and your son should engage an attorney to represent him on that appeal to increase his chances of success.

If your son cannot show that the only reason for his termination was his disability, then the employer would be able to win the case, so your son needs to put his evidence together that the employer knew about his disability and that incident was caused by his disability in order to prevail.

These are the options your son has.

Customer: replied 1 year ago.
if she didn't know beforehand?
At the time of the meeting, he showed the prescriptions and
the doctors letter and she basically dismissed it?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, he bears the burden of proving that the ONLY reason he was dismissed was his disability. If they did not know about his disability prior to all of this occurring (a last minute doctor's note after the incident is not generally strong enough, but it could be if the doctor is testifying that his conduct was caused by a side effect of his medication), then his only recourse is the employer's internal grievance and appeals process to appeal his termination as excessive based on the facts and circumstances of the case.
If the doctor is stating the behavior was a side effect of his medication and disability, then filing with the EEOC is proper for them to still investigate, in addition to pursuing the internal appeals.

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