Legal Question in Employment Law in Pennsylvania

Termination with no cause given

My 21 year old son started working full time at a pharmacy 5 weeks ago. My son is bipolar and had his prescriptions filled there. Last Thursday, the Pharmacist he reports to asked if he was ''manic depressive''. Today, the Head Pharmacist came in and called him outside. He told him he was doing a great job but unfortunately they did not need 2 full-time pharmacy techs, he had to let him go. They currently have part-time openings but did not offer him a job. Is this possibly discrimination because of his disability? First I would think with the HIPAA laws the Pharmacist had no right to ask this questions even though she knew what prescriptions he was taking because she filled them and with the ADA Act, he may have been let go because he was disabled.


Asked on 11/24/08, 8:57 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Termination with no cause given

You asked about ADA discrimination.

Seems like a pretty clear case of discrimination. There may be some substance to the employer's claims, but they need to prove those claims once your son can establish the slightest evidence that he is part of a protected class. (Which in this case is very easy.)

Claims of employment discrimination MUST be brought within a very short period of time. Your son should contact an attorney immediately to discuss this matter and contemplate action.

There may have also been a HIPAA violation but the claim is problematic because of the nature of the employer. Nevertheless, there is no private right of action under the HIPAA laws.

Again, contact an attorney to proceed on this matter immediately.

Regards,

Roger

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Answered on 11/24/08, 10:43 pm


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