• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

fired from the State of Tennessee

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

nickolante

Guest
Tennessee

I was given an evaluation yesterday and told that I would be fired from the State gov't. of TN. I am currently in my probation period (first year). I also, unfortunately, acquired an "ailment" (best diagnosis after seeing a dozen different doctors: spasmodic dysphonia) about a month after being there and going through training. (I have worked in that building before, so it is uncertain if the building itself caused my "condition".) This "ailment" basically limited my speech, so I was unable to perform many of the duties of the job, which is mentioned in my final evaluation. Note that the state gov't. did very little to accommodate me in my job. At best, they referred me to an organization contracted with the State to get equipment that would help me in my job. However, the State did nothing besides evaluate me and suggest equipment to get but never actually got me anything. I have documents about what happened to me since I was hired in January; was I unfairly fired (or can it be determined from what I put here)?
 


cbg

I'm a Northern Girl
I would say that this was *probably* not an illegal firing. It hinges on what equipment you are referring to. The ADA does NOT require that they purchase equipment for you that you would also use off the job (the examples given are hearing aids and glasses, but the same would be true for any other equipment that you would use full time as well). If the only possible accomodation would be this equipment and it would be used by you both on and off the job, then it was your responsibility, not theirs, to buy it and if you did not do so, firing you because you were unable to fulfil the requirements of the position is perfectly legal.

On the other hand, if this equipment was NOT the only possible accomodation, or if it would ONLY be used during working hours, then it hinges on whether another accomodation, or the equipment, constitutes a REASONABLE accomodation. What is considered reasonable varies widely with the specific person, the specific employer, and the specific position. That's something we can't evaluate here.

Not everything that is unfair is illegal.
 
N

nickolante

Guest
I'm getting that. However, a device for my work was suggested by superiors in Nashville. It was never installed. Is that an issue? And thanks for your advice, especially so late in the year near holiday time.
 

cbg

I'm a Northern Girl
Without considerably more detail, there is really no way for me to make an informed guess as to whether it's an issue or not. Sorry. It's up to you if you want to post more or not; if you do, I'll be glad to review it and offer an opinion. If you'd rather not post the details on a public message board, that's okay too, in which case I can only suggest that you run the situation by the EEOC.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top