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Disabled veteran fired on veterans day

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#1 ArmyVet418


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Posted 09 December 2012 - 09:35 PM

I am a disabled veteran and got out in 2008, my disability restricts me to retrieve information at times.

Keeping that in mind I was hired by a public firm who were extremely goal oriented, such as a call center. Two months into the job they started to give me warnings and at the end let me go on veterans day.
My question is that despite having a disability can a firm let you on the basis of not being able to hit their goals or targets?

#2 pg1067


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Posted 10 December 2012 - 07:28 AM

Of course. While it's not entirely clear what you mean when you say you are "disabled," being "disabled" does not insulate you from being fired. Being "disabled" only means that you may be entitled to certain accommodations and that you may be be subjected to adverse employment action because of your "disability." Whether an adjustment of your former employer's goals or targets depends on the nature of your "disability" and the nature of the job.

#3 Guest_FindLaw_Amir_*

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Posted 10 December 2012 - 11:36 AM

To learn more about your rights as an employee, you may want to visit the Employment Law Center and read Losing a Job as a good resource.

#4 Fallen


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Posted 10 December 2012 - 03:19 PM

Only possible answer to your question is "yes".

I'm also not quite clear what you mean by "my disability restricts me to retrieve information at times." I'm afraid having a disability doesn't mean the employer is obligated to drop its expectations in terms of goals/job duties as compared to other workers. That's not what the ADA means when it comes to "reasonable accommodation." You also didn't say that you discussed the disability with them and they said they wouldn't have the same expectations of you (though they're free to change that view down the road depending on business demands).

You might have a point of contention if you know for a fact (and can establish) that the employer lowers expectations for this or that non-disabled person, or other folks with X disability.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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