• 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.

Terminated suddenly after employer learned of disability

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

DisabledLakota

Junior Member
What is the name of your state (only U.S. law)? Arkansas

I was terminated with a letter stating my position had been eliminated. I was the news director at a radio station, responsible for several newscasts and community interviews that are still being done. This came as a complete surprise. I have been told I could not wear traditional native attire to work because of company dress code and that it was not possible for someone else to occasionally cover a co-worker who is out regularly. The latter was told to me after my head injury caused me to be ill after working twice in one month, coming in at 5:30 a.m. instead of 8:15 a.m. and covering both my co-worker and my own shift. I told my employer that it had been hard on my health and asked for the accommodation of another person to alternate the co-worker coverage for me if it happened more than once in a month. I was told no one else was available to do that and that it was part of my job. I was terminated about two weeks after the request for reasonable accommodation was made and denied. Further, when I asked what was offensive about my traditional native attire, my question was ignored. I have been going to Physical Therapy on my own time for my Degenerative Disc Condition worsening since beginning the job 7 months ago; however, the Physical Therapy has only been going on for three weeks. I gave my employer a copy of my schedule two weeks ago, and now my job has been eliminated, but not really the job, just the title and me. I worked even when ill, was not untimely, and had nothing but positive comments for my work. I believe I was fired due to my disability and choice of religion. The station owners are professed Christians who say grace before every company meal. The timing of my sudden dismissal to my request for reasonable accommodation and disclosing my Degenerative Disc Condition and closed head injury, which caused a comment to be made to me by my supervisor that she did not think I could be on disability and work, is highly suspicious in my reasoning. I can think of no other reason for being let go, especially as the job duties I was performing are still being done, leaving the reason of my position being eliminated for my sudden firing null in my opinion. Further, I was allowed no time to collect any of my news recordings or commercial and interview work to use in the search of another job. I was asked to leave a high profile job in the community immediately, damaging my credibility irreparably. Do I have any legal recourse?
 


swalsh411

Senior Member
How many people work at this radio station?

It is not illegal for a company to have a dress code.

Your post is a little confusing and you are muddling the issue of the dress code vs. your need for accommodation. What accommodation did you ask for?
 

Proseguru

Member
nobody cares about your dress code complaint .... you were fired because you did not want to get to work on time (what 5am-abouts).

Sooo, you should go to bed earlier. Nothing for the OP here.
 

Hot Topic

Senior Member
What is the name of your state (only U.S. law)? Arkansas

I was terminated with a letter stating my position had been eliminated. I was the news director at a radio station, responsible for several newscasts and community interviews that are still being done. This came as a complete surprise. I have been told I could not wear traditional native attire to work because of company dress code and that it was not possible for someone else to occasionally cover a co-worker who is out regularly. The latter was told to me after my head injury caused me to be ill after working twice in one month, coming in at 5:30 a.m. instead of 8:15 a.m. and covering both my co-worker and my own shift. I told my employer that it had been hard on my health and asked for the accommodation of another person to alternate the co-worker coverage for me if it happened more than once in a month. I was told no one else was available to do that and that it was part of my job. I was terminated about two weeks after the request for reasonable accommodation was made and denied. Further, when I asked what was offensive about my traditional native attire, my question was ignored. I have been going to Physical Therapy on my own time for my Degenerative Disc Condition worsening since beginning the job 7 months ago; however, the Physical Therapy has only been going on for three weeks. I gave my employer a copy of my schedule two weeks ago, and now my job has been eliminated, but not really the job, just the title and me. I worked even when ill, was not untimely, and had nothing but positive comments for my work. I believe I was fired due to my disability and choice of religion. The station owners are professed Christians who say grace before every company meal. The timing of my sudden dismissal to my request for reasonable accommodation and disclosing my Degenerative Disc Condition and closed head injury, which caused a comment to be made to me by my supervisor that she did not think I could be on disability and work, is highly suspicious in my reasoning. I can think of no other reason for being let go, especially as the job duties I was performing are still being done, leaving the reason of my position being eliminated for my sudden firing null in my opinion. Further, I was allowed no time to collect any of my news recordings or commercial and interview work to use in the search of another job. I was asked to leave a high profile job in the community immediately, damaging my credibility irreparably. Do I have any legal recourse?

A newswoman was asked not to wear her hair in cornrows. She claimed discrimination. The network backed down. The cornrows "mysteriously" disappeared.

Your employer has every right to establish dress codes. Your insistance on the right to wear native attire sends negative messages.

You don't deserve applause for going for treatment on your own time.

Your "opinion" doesn't count. The only relevant issues are those determined by law.

So, employers can't make a decision about your employment because it "might" damage your credibility? Prove it.
 

commentator

Senior Member
Your recourse on being fired was of course to file for unemployment benefits while you looked for another job, and let them sort out whether the station can show that you were fired for a valid misconduct reason.

In the meantime, you can file a complaint with the EEOC, but frankly, this whole post is so muddled between "they discriminated because I am handicapped" and "they discriminated because I wore native dress to work" and "They discriminated because I did not share their religious beliefs" and on and on...it will be tough for you to show a pattern of systemic discrimination against you for any of these issues. But you can always file it.

If you feel there is more of a case, after you've filed for unemployment benefits and clarified why the business says that you were terminated, presented the evidence they may or may not have of that cause, then you might run this past an employment attorney, but I don't think they're going to see anything clear here.
 

OHRoadwarrior

Senior Member
Based on your post, you accepted a job, then proceeded to tell them what you intended to wear and what hours you intended to work. I would have terminated you also. You sound like someone staging a future lawsuit. File for UI and find another sucker.
 

Betty

Senior Member
File for unemployment ins. & look for other employment.

You're free to run your termination by an employment law attorney for his/her opinion but it is doubtful you have a case based on what you posted.
 

swalsh411

Senior Member
As you prepare for your lawsuit, I suggest you find a way to identify yourself with every possible protected class. It's like throwing spaghetti at a wall; eventually something will stick.
 

Find the Right Lawyer for Your Legal Issue!

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