The legality of being fired?
Find answers to your legal question.
The legality of being fired?
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Is it legal to fire a disabled person? Surfing the Internet was a rule broken by many in the office as well as many other rules but this legally blind (7 year) employee was fired on the day of a doctor's appointment. Is it legal?
Would love to hear your answers.
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jobbend
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There is not enough information for anyone to give you a good answer. But, if this took place in the US, and the position is "work-at-will" (which the majority of jobs are) then anyone (you, me, anyone) can be fired for any reason, or no reason at all.
If there is a policy that has been broken, and if the company can show that it enforces the policy equally, then that would fall under "any reason". For information on employment law that can help with this, you can do a great deal of research at www.usa.gov, and search "disability employment law" and state you are in. You may also want to go to www.eeoc.gov for help. |
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A Dose of Reality from a Lawyer
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Unless a person has tenure they can be legally fired as long as they are fired for a legitimate reason, and not for a reason that involves the disability in and of it self. If they fired him becuase he is blind, then no its not legal, if they fired him for other things, as long as they can prove it, its valid. |
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Crouching Monkey Hidden Hippo
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The reason he got fired had nothing to do with his disability. He broke a rule, and just because he is disabled does not entitle him to be protected from punishment for breaking the rules. |
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Lard Tacos: The Rebirth
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Yes. And what was this disabled "legally blind" person doing on the internet then? They're only disabled when it comes in handy?
Like the first person said - if there are valid reasons/behaviors behind the firing, it doesn't matter if this person was blind or peg legged...companies have the right. |
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Employment Guy
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If this person can substantiate that he/she was treated differently than other employees, he may be able to contest the termination. For example, if he can prove that recreational surfing was overlooked for other employees, and/or they were warned repeatedly -- while he was just abruptly terminated -- that's a fairly solid basis for legal action. He should talk to an employment attorney. |
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Gabriel
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Yes, if you broke a rule, you can be fired. |
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Roger H
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He/She was fired because they broke the rules not because they were disabled... |
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Cassie
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I don't think it is legal, I mean they could sue. The same thing happened to my mom a few years ago. She hurt her ankle on the job. She was a Dialysis tech. and one of her patients' heart stopped. She turned a corner to sharp and her ankle was severely injured, but she saved the person. They fired her when she was at a doctors appointment for her ankle, said she was late, but she wasn't even scheduled to work that day because of the appointment |
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