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if your boss doesnt like you can he fire you even though your disabled

2007-02-24 17:18:05 · 12 answers · asked by Anonymous in Business & Finance Careers & Employment

12 answers

not for being disabled, but for not doing your job, getting late, etc

2007-02-24 17:21:03 · answer #1 · answered by Anonymous · 0 0

I am a person on diability. Though many believe the law says a disabled person can't be fired, that isn't what it says.

You cannot be fired from a job if you are doing the job, just because you are disabled.

You can be fired like anyone else if you do not live up to the job for which you were hired.

Only in sheltered work shops can you not be fired, unless you are a danger to others.

Other companies agree to hire people with disabilities and work with them within their disability. Usually people who cannot get jobs in the standard way. Such companies get extra money for hiring the disabled people for the first six months the person is on the job.

You have to do the job. Be on time like everyone else. You have to be productive. You have to be respectful.

If you feel you were fired becuase you have a disability, but were doing the job as well as anyone else in the place where you work, then that is discrimation. Each state has workers who look into firings that are believed to be based upon the persons disability, wherein they did do the job they were hired for.

Example: Say you worked for a hotel as the host at the desk. You injure your back and your in a wheelchair, but you can steel do the job and do it well. If they fire you and you are doing the job as well as you did in the past, that would be illegal.

Most of the time, even when the person is qualified, was respectful, on time, it's hard to prove discrimination. Unless this is happening after you've worked some where a long time, don't waste your time on it. Find a company to work for where your disability isn't an issue to them as long as you do the job well, are respectful and on time.

2007-02-24 17:41:58 · answer #2 · answered by Mountain Bear 4 · 0 0

Employment Laws: Disability & Discrimination:
There are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process:

The Americans with Disabilities Act
The Rehabilitation Act
The Workforce Investment Act
The Vietnam Era Veterans’ Readjustment Assistance Act
The Civil Service Reform Act

2007-02-24 17:23:05 · answer #3 · answered by Golden Smile 4 · 0 0

You can't get fired for being disabled, but it can't stop you from getting fired. Your boss can't fire you just because of a disability. But if your work performance is poor or there is some other problem, you can be fired.

2007-02-24 17:21:37 · answer #4 · answered by Jon's Mom 4 · 0 0

Each worker is protected under certain federal laws. Individuals who have disabilities are protected working class and have certain protection under the American Disabilities Act (ADA). This Act was instituted to prevent prospective employers from discriminating on the biases of physical impairments. It also paved the way for employers to provide reasonable accommodations for qualified candidates. My advice to you if you haven't already done so, speak to your HR department if you work in a smaller established where you do not have a HR representative then find your local EEOC office and confer with them. Because the laws differ from state to state it's best that you confer with someone in you home state. I think that it is equally important for me to mention that although you may have a disability you still have to adhere to established policies. I only mention this because you did not go into detail about the circumstances behind your concerns.

Find more information regarding ADA at: http://www.dol.gov/esa/regs/statutes/ofccp/ada.htm

Hopefully, what I have said will serve as some type of benefit to you. I wish you well and help that you and your boss can come up with a win-win resolution!

2007-02-24 17:50:24 · answer #5 · answered by julian.dozier@sbcglobal.net 2 · 0 0

I'll put it to you like this. I was injured on the job. Knee injury. Had 2 knee surgeries botched. Had to many restrictions couldn't lift,climb,sit more than 2 hours stand more than 2 hours. there wasn't any such thing as light duty so they told me to go home. I took physical therapy every day with workers comp. Until they cut me off. I got a blood clot in leg and got frozen shoulders from being in the hospital and not moving for so long. One year with no income and couldn't go back to work because of the restrictions. Now I am disabled. They couldn't fire me so did I quit no I had to retire with 12 years service on disable social security.

2007-02-24 17:50:43 · answer #6 · answered by Pommac 6 · 0 0

Can you get fired for being disabled? NO. Can you get fired if your boss doesn't like you & you don't have a contract? YES.

2007-02-24 17:21:56 · answer #7 · answered by Studio7 2 · 0 0

you can't be fired for being disabled if you can still do your job. But if your disability prevents you from meeting a bona fide occupational qualification, you could be let go. For example, a fireman who develops emphysema and can't breathe properly can't be expected to fight fires.

2007-02-24 17:51:38 · answer #8 · answered by DLeibowitz 5 · 0 0

Nope that is illegal. However, if he wants to fire you I'm sure he will find a reason. Be wary of what you say and do. And keep an eye out for another job.

2007-02-24 17:21:29 · answer #9 · answered by Stephanie 4 · 0 0

he can fire you for your work performance, but NOT because of your disibility in itself...

if your disibility impairs your work performance, he can fire you, but he must be very careful if he does fire you because of the "americans with disibilities act"......... part of which states that you cannot be fired for your disibility alone..

He, as a boss, however, has the right to fire people who do not perform the work properly... it can be a touchy situation....

2007-02-24 17:24:34 · answer #10 · answered by bigschwinger 2 · 1 0

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