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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42825
Experience:  30 years in Employment law
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I was terminated from the fire department while I was

Customer Question

I was terminated from the fire department while I was disabled. (I possess documentation). I found out however that a coworker with less seniority who had a similar mental illness was allowed to remain on sick leave for longer than I was. Essentially granting him more curtiousy. Can I sue my previous employer for discrimination?
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
To further clarify. They allowed him to remain off duty sick for longer than myself before they decided to terminate him.
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.

File complaint here with EEOC claiming disparate treatment.You may want to consider an employment lawyer to file suit for wrongful termination.

File here

https://www.eeoc.gov/employees/charge.cfm

Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicantunfavorably because she has a disability. Learn more about the Act at ADA at 25.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee lessfavorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) andminor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").

EEOC lawyer here to sue them

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Customer: replied 1 month ago.
I think at some point the fire department doctor offered light duty. But I was to mentally impaired to properly ablidge. Do you think I have a case?
Expert:  Ray replied 1 month ago.

You may well have great facts here to file with EEOC and sue for wrongful termination.I hope you will pursue this.