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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116827
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Second opinion] - im a truckdriver that is being fired for

Customer Question

Second opinion] - im a truckdriver that is being fired for using the bathroom at a truckstop. I have no facilities in my truck. I am disabled with ptsd and on medication that the company is very aware of and i need to use the bathroom. Now after 2 1/2 years they want me gone. Never late and never called in sick and no accidents.
Submitted: 10 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 10 months 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 you are a truck driver and need to go to the bathroom on a reasonable basis, the employer cannot terminate you for good cause for that. Furthermore, if they are trying to terminate you because of your disability and they are using this as an excuse, that is discriminatory and you need to file a complaint against them with the EEOC for discrimination pursuant to the Americans with Disabilities Act and they have to investigate the matter. An employer cannot deny any employee reasonable use of the bathroom during their employment time and if you were making reasonable stops to use the facilities and were not spending long times at the stops, the termination would not be considered for good cause.

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