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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I was terminated from my job because I couldnt get an

Customer Question

I was terminated from my job because I couldnt get an appointment with a mental health specialist in time. What can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today. First off, I am sorry you are having to go through this issue. Generally speaking, an employer can terminate an employee for any reason or no reason at all when they are employed at will. That said, an employer cannot terminate a person based on their race, age, gender or disability. Based on what you have shared with me, it sounds like they terminated you specifically for a perceived disability and did not attempt to reasonably accommodate you, which is also legally required. You have the right (and should) to file a complaint with the EEOC based on workplace discrimination. The EEOC will investigate the matter and if they determine that you have be discriminated against, will allow you to sue in federal court for damages and attorney fees. You have 180 days to file your complaint with the EEOC from the date you were terminated. I recommend that you file your complaint as soon as possible though. You also need to file for unemployment coverage. You are not eligible if the termination was "for cause". That said, the cause cannot be discriminatory. Your argument should be that it was discriminatory. That will help you get some income in the interim. Let me know if you have any other questions. Please also rate my answer positively (THREE OR MORE Stars). Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or concerns?
Customer: replied 1 year ago.
I appreciate your answer. I just don't know how to go about all of this. My will is shot. I need to talk to a mental health specialist but my insurance ends 6/1, my primary care physicians office was supposed to refer me in the beginning of May, I just contacted them again 5 times finally they said to call my insurance company and that they have to refer me to see someone. I can't afford a lawyer and I don't have anyone to help me through this.
Expert:  Delta-Lawyer replied 1 year ago.
I understand your frustration as this type of thing is draining. My best advice is to take it one day at a time and do all you can do for yourself in that day. It is simple but effective and is what I do too. All you can do, is all you can do. As to the legal issues, you don't need an attorney to file an EEOC complaint. The system is designed to assist those that cannot otherwise afford legal representation. Once you receive your right to sue letter from the EEOC, after they investigate, it will be pretty easy to find an attorney that is willing to make financial arrangements that suit you in this circumstance. Be sure and go ahead to file for unemployment coverage too. You don't need an attorney for that either. You just need to argue that you were terminated based on a disability without any reasonable accommodation provided. That should win the day. Let me know if you have any other questions and keep your head up. You will make it through this issue. Please don't forget to rate my answer positively as well. Thanks
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or concerns? I want to make sure you are as comfortable as possible as you move forward here. Thanks