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I was wondering if I may have a case against possible

Customer Question
I was wondering if...

I was wondering if I may have a case against possible wrongful termination fro my last job

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

My manager brought me in with HR to fire me

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had health problems in 2011 that caused two strokes and resulted in a TBI that effects my coordination, feeling on my left side of my body and memory problems. My manager and HR were both aware of this and I was showing initiative to find ways to work on my memory with their help but they gave me 6 days to improve before letting me go. One of the employees told another employee that they fired me because of my memory problem because I'm not filed as disabled so it was legal to do.

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 minute by:
6/7/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,582
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

When were you actually fired? Also, did you ever request any accommodations for your disability that would have enabled you to improve your performance? If so what was your employer's response?

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Customer reply replied 2 months ago
I was fired on March 22nd, I did make sure my employer knew about my disabilities (that it takes me longer to remember information than most people and that I cant be on my feet for long periods of time) and was fully aware of them and said she would help in any way she could.
Customer reply replied 2 months ago
no thank you
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago

I Assume you are respondign to the phone call request that is automatically generated by the site. Please feel free to ignore that....

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Customer reply replied 2 months ago
I was, my apologies
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago

Thank you for your patience.

Having a disability means you are entitled to reasonable accommodations. However, if you cannot perform your job efficiently and effectively, you can be terminated even if you have a disability, and even if your disability is the REASON for these performance issues. Having a disability does not mean an employer must hold you to a lower standard.

So the question is whether your employer could have accommodated you in a manner that would have improved your performance. If you can establish that they COULD have accommodated you in some way that would have helped you improve and they REFUSED, then you have a claim. Your first step would be to file a complaint with the EEOC. The EEOC will investigate your claim and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you a "right to sue" letter, which will enable you to pursue a lawsuit with the assistance of a local employment attorney.

Before even filing with the EEOC, you may wish to reach out to your employer to see if they would be willing to pay severance in exchange for a release of claims. This is essentialyl a form of "early settlement." Many employers are willing to pay something just to avoid the hassle and expense of responding to an EEOC claim and defending against a lawsuit. You can retain a local lawyer to negotiate for you which will make you appear much more serious and will probably result in a substantially improved severance offer.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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