Can an employer let you go, due to an accident on the job in part from a disability?

Question

I had an accident on the job. I am a disabled person and I was doing a task that is not one of the major responsibilities listed on my job description. I think they should make an accommodation due to my disability. Also, they are saying I am a risk to others if they continue to employ me. I am not the only person with a disability at our place of employment. I think their argument is based on ignorance and fear and am prepared to take legal action if they do fire me. What do you think? Can they fire me or not?

Answer 1

you on the right track, once they do fire you, make sure you do your follow ups..

Answer 2

There is not a straight-forward YES/NO answer to this. There is a lot more regarding the actual circumstances surrounding this particular accident which needs to be taken into consideration - details which your question has omitted to provide.

Apparently the employers are also indicating that you re a risk to both yourself and others around you. Again details of your disabilities and details of both the job you are employed to do and the nature of the business the employer is in are sadly lacking, but again pertinent to the answer.

If, because of your disabilities and the injuries caused to you (and others) by this accident are severe enough to warrant a medical examination by the Company's medical officer and dependent upon whether the Medical officer declares you to be fit or not - taking into account the nature and extent of your disabilities are also questions that need to be posed and answered before a definitive answer to your question can be provided. If the answer is that you are no longer fit enough to carry out the duties ascribed to you by the contract of employment you have been given then, sadly the answer is that yes the employer can dismiss you.

Answer 3

It really boils down to the details. If you are unable to do part of the job duties, even if not a major responsibility, they should try to make a reasonable accommodation. However, the magic word is reasonable.

If you're inability do properly do the job creates risks to others, they certainly have grounds to terminate you. The fact that there are other disabled employees shows that they are not discriminating against disabled people.

They will no doubt have a very strong, documented case if they do fire you.

Answer 4

Since you carefully avoid discussing the "accident," how do you expect anyone to be able to answer your question? If you were negligent, or worse, you can clearly be fired. If the cause of the accident was your disability, and it cannot be accomodated to avoid the possibility of a recurrence, you probably can be terminated. In any event, you can be terminated and would have to take the legal actions necessary to be reinstated - if you can prove what you need to prove.

Answer 5

typically you would file for the family medical leave act, which would secure you leave. To be out on a disability, and your job to fire you for job abandonment , would give one reason to believe that you did not supply some type of notice of your being absent. So you could fight it, but if your employer says you did not comply with rules for being absent...you will not win. FMLA will give you up to 12 weeks.

Answer 6

Short of knowing EXACTLY the circumstances of your accident, your handicap, the job description, your job and performance etc. . . . it will be impossible to give you a correct answer.