Firing during 90 probation period disability?
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Firing during 90 probation period disability?
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Can an employer fire you within your 90 probation period because of a disability? Additional Details How do I find out if the condition is covered on ADA? (and yes they were specific about the reason)
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V.T.V.RAM
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The question is whether the disability occurred prior to your being employed or after wards.If you had been employed , knowing that you were disabled ,you cannot be fired.
However, if the disability occurred after you joined work, and with this disability you cannot carry on your job, you can be accommodated in any other suitable job. Only after exhausting all avenues , you can be fired. |
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bdancer222
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Did the disability keep you from performing the job even with reasonable concessions? Even an ADA covered disability would not force an employer to keep someone who could not perform the job.
Research your disability here: http://www.ada.gov/ |
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Judy
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Where are you? If in the US, ADA requires "reasonable accommodation: for a covered disability, it doesn't necessarily require that you be hired, or be kept on and not fired. You don't give any info about the disability or what kind of accommodation you need, and what if anything they provided, so it's impossible for anyone to even have an opinion. |
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Cubs Girl
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An employer cannot discriminate against a person with ADA.
How do I find out if the condition is covered on ADA?
You need to ask you medical doctor about your condition but according to the ADA:
An individual with a disability is a person who:
* Has a physical or mental impairment that substantially limits one or more major life activities;
* Has a record of such an impairment; or
* Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
* Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
* Job restructuring, modifying work schedules, reassignment to a vacant position;
* Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids. |
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pdevans1963@rogers.com
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it is illegal to fire over a disability at any time if that disability was known at the time of hiring
however if the person concealed their disablity until after they got their job then it could simply be a matter of their inablity to complete the required tasks. during their probation that would be legal and fair practise |
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