Disability Discrimination/Wrongful Termination
Posted 14 January 2013 - 06:47 PM
Posted 15 January 2013 - 12:09 AM
I also suggest you consult an attorney who litigates ADA employment claims in your state.
Posted 15 January 2013 - 07:12 AM
Keep us posted.
Posted 15 January 2013 - 09:31 AM
"The letter of termination states I was terminated because I was a health risk to the job."
You've hit the lotto in terms of dumb-ass employers, unless it is of a size that isn't subject to anti-discrimination laws.
"Was I wrongfully terminated?"
If you mean in a legal sense, if employer is subject to ADA, perhaps. (It's not clear that you have an actual disability, because a lumpectomy doesn't mean you have cancer. Still, close enough.)
"Was I discriminated due to having a breast lump or having surgery?"
Er, that seems fairly clear to me.
"Do I have a case?"
Strangers cannot know the answer as to whether there's a viable case simply based on what you've posted.
I'd discuss with state and federal EEOC by way of a prima facie complaint (nailing down whether employer is subject to your unnamed state's laws, as well as federal), as well as a local attorney who handles employment discrimination suits.
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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