Accepted Answer

For unemployment payments, they need to rebut the presumption that you weren't fired for cause, so it seems doubtful they will be able to come up with a valid reason, since co-worker dislike doesn't qualify as just cause. I think you're doing a good job of preparing your case in anticipation of your termination. You would also be entitled to discovery and the EEOC would investigate the claim on your behalf, so the employer would be violating the law by failing to turn over any evidence that demonstrates why you were terminated.


Also, it vioaltes the ADA if you are subject to any negative action due to your disability, which can mean that if you're treated negatively or pased over for a promotion due to your disability that that would also constitute an ADA violation. So you could file a complaint now due to the hostile work environment you're in. Then, if your employer took any adverse action against you because of the complaint, they would be liable for retaliating against you in addition to the original discrimination. (For intsance, someone who reports another person is the victim of discrimination and is fired for doing so, can file a claim with the EEOC to sue the employer separately).

Expert:	Cedric Severino
Pos. Feedback:	100.0 %
Accepts:
Answered:	10/20/2009

Attorney

2006 Graduate of USC Law School; Academic Awards; Editor of Employment Law Newsletter