fired & disabled

[mprather35]

What is the name of your state? Ohio
My husband was fired 18 months ago , with no reason given other than "our lawyers said we don't have to tell you". 3 months later he was diagnosed with SCA6 (Spinocerebellar ataxia type 6) (Which had been affecting his motor skills and speech. I had asked his employer that fired him if they did so because they thought he was coming in drunk. People with SCA give the appearance of being drunk. He said no, who knows for sure?) Do we have a case against them for anything? Also they never sent us Cobra papers, until I called and told them our laywer said they had to ( never really talked to a laywer). They did offer to pay our Attorney fees however. I thought that was odd

 

[cbg]

No, you don't have a case. In Ohio (and the majority of other states) they are not required to give you a reason for termination. I'm not saying that they shouldn't, but it's not legally required.

In addition, you do not have a case under the Americans with Disabilities Act. There is case law to support that if the employer is not aware of a potentially disabling condition, they cannot be held liable for a termination or a failure to accomodate under the ADA. Since at the time your husband was not even aware of the condition, clearly the employer could not be.

Finally, even if the employer did believe your husband was coming in drunk, that wouldn't give you a case either. Although a history of alcoholism is protected under the ADA, current use of alcohol is NOT protected. If the employer honestly believed that your husband was coming in to work drunk, that would be a legitimate, legal reason to fire him, EVEN IF THEY WERE MISTAKEN. As long as they had a reasonable belief that it was true, it was legal.

BTW, the one and only reason an employer is permitted to NOT send COBRA paperwork is for gross misconduct. If they did believe your husband was coming in drunk, they could have made a case, had they chosen to, for gross misconduct. That may be why they didn't send them right away. (They have either 14 or 44 days, legally, to send them depending on whether they are self-administering or use a third party administrator.) Obviously they chose not to pursue that line.