Fired for disability???
My wife has MS and has worked for a mental health clinic for approx 7 years. Her bosses have known of her illness for over 2 years and have been great, helping her as much as possible. Recently the business has been doing pourly. After taking a week off per her doctor due to excessive stress at work she returned and her bosses told her that they needed her to guarenteed she could be at work every day. She told them there is no way she could guarenteed that. She said they would have to make a desision on her if that was not ok. The next morning her boss came in an informed her she was being let go and asked her if she could stay on until they could find someone to replace her. She has always been able to do her job from home as I set an office up for her here, she asked if she could work from home, they could transfer call to our home and she could still do her job. They said they could not do that. They already have 2 people working from home with no disabilities. Now they say the job is being eliminated and have transfer all call to one of the other women working from home. I believe she was let go due to her MS. Is what they did legal or should we contact a lawyer. Please help us find the right course to follow.
1 Answer from Attorneys
Re: Fired for disability???
Based on the facts as you have stated, it appears your wife has an actionable claim for discrimination because of her disability under the ADA. (Er must employ 15 or more Ees).
She should raise claims for discharge & the refusal to grant her a reasonable accommodation, since the employer allows other non-disabled employees to work from home. With regards to the alleged guarantee, that to would run afoul of the whole intent of the ADA.
I would be happy to speak with you & your wife further to see if I may be of assistance. My initial consultation is free.