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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20227
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was hired to a job on a 3 week training probation. I have

Customer Question

I was hired to a job on a 3 week training probation. I have a handbook that states how the companies training proceeds day by day and week by week. I'm in CA and the company is in CO. They only communicate through technology. The first full week I was suppose to be trained for the technical process and then the 2nd and 3rd I was to be trained in the field. It turns out that the first day, not even walking me through it, they only spent an hour with me over the phone and laptop showing me how to clock in and out and how to choose my benefits. Then they told me by the end of the day I'll be hearing from the person I'll be working with out in the field and will begin the next day? On the 2nd day, still having many technical and field questions, they expected me to pick up everything out of the blue with how to communicate through a tablet and the physical field responsibilities. With having a Verbal Learning Disability (or for anyone, for how fast they expected), it was impossible to learn the process! Then out of nowhere, only in 2 1/2 weeks, they terminated me saying I failed to pick up everything fast enough and they didn't even go by the handbook training steps. I didn't tell them about my disability because I didn't think I had to for what the job is. Since I had no idea what was going to happen, did not get any feedback or training about anything, I didn't have the opportunity to ask for a reasonable accommodation, which I've had to use a lot, which is to have extra time before being terminated. Yet now that I'm fired, do I have any capability or right to get rehired and still ask for my accommodation and to be trained correctly?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information and your question and I am sorry to read about your situation. Unfortunately though, an employer cannot be held responsible under the ADA for discrimination, or lack of reasonable accommodation, unless they actually know of the disability at the time of employment and, in the case of a reasonable accommodation, it is requested. So, an after the fact raising of the issue would not give you any legal right to reinstatement. However, if you write a letter to the Corporate HR and perhaps copy to their General Counsel and explain to them why you hadn't asked for the reasonable accommodation up front and their failure to be clear about their training program, they might reconsider and hire you back with the accommodations.

The fact that they didn't train you according to your expectation or even as they might have promised would not give rise to a legal claim either. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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