Legal Question in Disability Law in Wisconsin

Can they fire me?

I have worked for a company for almost 6 years. In July 1999, I had to have surgery on my left hand (hand with birth defect)due to work related injury. I have been released by the doctor to return to work with no restrictions. During the release, there was a lay off and now all employees are called back that work in my department except me (and some that were fired) When I asked Why, I was told that the structure of my hand and doing the same job may cause more problems. He told me they may not call me back at all.

Another girl with 2 normal hands had the same surgery done a few years ago, and was allowed to return to work right after her doctor's release and still works there.

I was told I do a good job and have good attendance but they don't want to make this hand worse.

Is this discrimination?

Asked on 10/26/99, 1:05 am

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson
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Re: Can they fire me?

It is very likely discrimination if you can still perform the essential functions of your job even if you require a reasonable accommodation.

Because you do not state what your job is or the extent of disability of your hand, it is impossible to say definitively that it is discrimination. Why were the others fired? A reduction in force for economic reasons?

Go to a local employment attorney immediately and explain to him or her all the details. If you are going to sue, you don't have much time left to do it in. So see that lawyer immediately.

Good luck.

Read more
10/26/99, 5:46 pm

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