Was my termination wrongful?
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Was my termination wrongful?
I was recently terminated because the safe was not closed one night. I have essential tremors and my disability sometimes makes it difficult to do such tasks. Could this possibly be a wrongful termination?
Asked on June 13, 2009 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It might be, since employers generally have to make reasonable accomodations for disabled employees and may not discriminate against those with disabilities. A large part of the issue is whether or not you had previously made your employer (1) generally aware that you have this condition; and (2) that tasks such as closing the safe are difficult for you. If your employer was aware, there's a good chance you a case. However, if you never made your employer aware previously, you may not--it's hard to show they did anything wrongful in terminating you if they had no reason to know that you had a condition/disability/limitions.
If you had told your employer--or if you condition was so obvious they could reasonably have known--then you should contact an employment lawyer, preferably one who specializes in disability cases and who will offer you a free or at least inexpensive initial consultation, and discuss the matter with him or her.
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