Legal Question in Disability Law in Massachusetts

Can a new owner of a business (which is a franchise) fire a person with disabilities if they are still able to perform the functions of the job?

Asked on 1/06/12, 12:23 pm

2 Answers from Attorneys

Maurice LaRiviere Jr Law Office of Maurice LaRiviere Jr

there has to be demonstrated that that was the basis for firing the person and if so the case gets filed with the MCAD

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Answered on 1/06/12, 12:26 pm

William Harrington Law Office of William T. Harrington

You cannot fire an employee who is disabled if the reason you are firing is due to the disability (so long as the person can do the essential functions of the job with or without reasonable accomodation). However, a disabled employee is not exempt from being fired. However, given that the employee is disabled, you should proceed carefully and should consult with counsel.

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Answered on 1/06/12, 1:43 pm

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