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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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When a company is working handicapped employee are they

Customer Question

When a company is working handicapped employee are they obligated to have an advocate in with employee when they terminate mentally handicapped employee
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.

While not required by law, it is the ethical thing to do in having some sort of advocate in place when this decision is made and relayed to the employee. Moreover, as an employer, there should be documentation that all reasonable accommodations have been attempted and exhausted before the decision to terminate. If that is not in place and documented, there is great exposure for an EEOC suit based on disability discrimination.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE Stars) on the ratings interface on your end so I can receive credit for my response.

Best wishes and thank you!

Customer: replied 1 year ago.
Thank you so much. This is on walmart here in odessa tx. When my some hired on sixteen yes ago he was hired through social services and had a coach. I believe he was not treated fairly here. He was hired on out of Louisiana. So I am not sure what to do next
Expert:  Delta-Lawyer replied 1 year ago.

If you believe he was not treated fairly, which is entirely possible, if not likely, I would contact your local EEOC office and you and your son set up a meeting. You can meet with an EEOC representative and file a complaint against the employer. The EEOC will investigate and if they find merit, will allow you guys to sue in federal court for damages, attorney fees and even being placed back in the company. The civil rights act specifically protects individuals with disabilities from being treated in this manner when no reasonable accommodation has been made or attempted to be made.

Let me know if you have any other questions and please rate my answer positively. Thanks!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any additional questions or concerns. I want you to be as comfortable as possible as you move forward. Thanks