Legal Question in Employment Law in Pennsylvania

Termination/Fitness for duty

I was recently terminated from a law enforcement job after I disclosed to my empoyer I was in counseling for a non work related issue. I did not miss any time or need accommodations. It was not suicide or drug/alcohol and nothing severe, possible mild depression. They asked questions in regards to the severity of the issue and sent for a fitness for duty exam. Two and a half weeks after the exam I was called in told that as a result of the exam I was being terminated and that they would pay me for 2 more weeks. My supervisor and chief both stated that they did not request the exam/termination, it was a personnel decision. I asked for a copy of the evaluation and something in wrtiting stating the reason for termination. They checked with personnel and then told me that if I submit a resignation by the end of day they will accept it and there will be no record of termination. I refused. I was still on my probationary period so I do not have union rights. My supervisor had no issues with me, I had just had a performance evaluation where there were no issues and this issue was not work related and I was not on medication. I was denied a copy of the duty exam by personnel. My question is do I have ant legal grounds to fight this


Asked on 12/05/08, 10:42 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Termination/Fitness for duty

Speak with an Attorney in private. You case sounds like a candidate for a contingent fee lawsuit.

Good Luck

TV

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Answered on 12/05/08, 8:22 pm


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