actually more to it than that supposely made too many errors and that its not working out because of that and i am was too slow i also sent an email to people who are in the ethics department They also knew of surgery and my hand was still sore and got more painful and they could have put me in another room to work but didnt also didnt give me a final warning
2007-01-31 05:31:44 · 11 answers · asked by debbie602001 1 in Business & Finance ➔ Careers & Employment
Was the injury to do with work. That would also make a difference. They should have given you other work to do until your hand was recovered. Talk to a lawyer, most will give free consultations so you can find out if they had the right to let you go. If the injury was work related I believe that it would be a workers comp case. But if the injury occurred was not work related they probably would be within their rights to let you go, but its better to contact a lawyer.
2007-01-31 05:37:38 · answer #1 · answered by MRod 5 · 0⤊ 0⤋
generally employers are more savvy than thier employies when it comes to the rules and laws of hiring and firing. everyone assumes they know what thier rights are because of some vague understanding that there are rights. anyway, if you really feel in the wrong then you should contact a civil rights attorney, yes you can find free/cheap ones but they are generally super overworked and unable to handle half thier cases. if you manage to talk to one they will probably say the same thing as i'm about to say. Unless they specifically fired you for you disabilty with your hand you are out of luck. If they have documented evidence of errors or tardyness or whatever than thats really all the legal proof they need. a bad employee is a bad employee with or without a disabilty. i'm not trying to insult you, just telling you how it will be treated in a hearing. i wish you the best of luck, the laws are in place for a reason and people just like you do sometimes make companies regret unfair treatment.
2007-01-31 13:40:52 · answer #2 · answered by grasshopper 3 · 0⤊ 0⤋
If you disclosed your hand issue to your manager you were covered under the ADA (American Disabilities Act). Your company has the duty to provide reasonable accommodation. If you still cannot perform the job duties they can transfer you or terminate you from the position.
You may wish to contact your local labor board to determine a proper course of action.
2007-01-31 13:41:54 · answer #3 · answered by Michael 2 · 0⤊ 0⤋
No they can't!!!! No employer can harrass of terminate your employment based on medical history. It's called discrimination!!!! I would call your state's employment board and make a complaint. Now, in saying that, many states have gone to that rule that they don't have to give you any reason for termination. It's the At-Will Employment. So if they did fire you but did not specifically state that it was because of your injury, then it's ok to do. That's the major downfall of at-will employment, that can fire you whenever, for whatever reason they want, without disclosing it to you.
2007-01-31 13:40:14 · answer #4 · answered by Work-aholic 1 · 0⤊ 0⤋
We don't know the real story or the whole story, so it's hard to say. If you believe you were unfairly terminated or descriminated against, make an appointment at the Department of Labor to speak with a rep.
2007-01-31 13:35:23 · answer #5 · answered by kja63 7 · 0⤊ 0⤋
If you live in a "hire and fire at will" state,they probably can if your injury happened prior to your employment or did not happen at your employer during hours.because it did not happen at work they are not obligated to adjust or conform to your needs......sorry it happened to you.........
I went through something similar in Ohio,I lacerated the palm of my right hand,severing tendons and main artery.Not being able to perform my duties,they terminated my employment.
2007-01-31 13:46:57 · answer #6 · answered by 1st Responder FF/EMT 3 · 0⤊ 0⤋
YEP, THEY CAN. unfortunately if you cannot perform your specific work duty, tey can terminate you. But you probably ahve a Workers Comp case, so go persue that
2007-01-31 13:40:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Contact the state, and the DA to see what your rights are.
2007-01-31 13:36:13 · answer #8 · answered by Miss Informed 3 · 0⤊ 0⤋
well they did so obviously they can. cause for action? depends on the state...and was the injury work related? and did you request in writing a reassignment?
2007-01-31 13:37:52 · answer #9 · answered by David B 6 · 0⤊ 0⤋
yes, they can. If you can't perform the job you were hired to do, unfortunately they can get rid of you.
2007-01-31 13:35:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋