Wrongful Layoff?

[Tat2pdx]

What is the name of your state? Oregon.

After working 2 1/2 years I was laid off from my job. The company sites slow downs in production and restructure as a main reason. They also clearly stated to me that the reason persons were chosen were due to attendance and work history. I have had a flawless history with this company. I have never been warned of either issue verbally or in writing. But other people in my department who have had problems with attendance and work history were kept. I was, however, injured in a work accident about a year and a half ago and I was ruled partially disabled. But my restrictions are well within the guidelines for doing the job I was given. So my question is what should I do? Should I seek more legal advice or do I not have a case. I feel that I am being discrimated against for my diablity.


also about two weeks ago a head supervisor refered to me as "his favorite devil worshipper" is that legal?

 

[Beth3]

Having work restrictions does not mean you have a disability. Under the ADA, a disability is defined as a "serious medical condition that significantly impairs a major life function."

also about two weeks ago a head supervisor refered to me as "his favorite devil worshipper" is that legal? Yes. I presume the comment was made as a jest of some sort or are you really a devil worshipper?

 

[Tat2pdx]

I was ruled by SAIF as being partially disabled because I have lost mobility in my neck and still have pain and stiffness there.

And last time I checked it really isn't my supervisors business what religious affilation I may or may not have.

 

[Beth3]

I was ruled by SAIF as being partially disabled because I have lost mobility in my neck and still have pain and stiffness there. I don't know who or what SAIF is but that still doesn't mean you have a disability under the Americans with Disabilities Act. It all depends how much mobility you've lost in your neck and how much pain and stiffness you have.

And last time I checked it really isn't my supervisors business what religious affilation I may or may not have. So are you saying you are a devil worshipper?

 

[Tat2pdx]

http://www.saif.com/ So considering that the doctor that did my surgery and the insurance company agree that I disabled, I think I am disabled. It is still not legal for them to lay me off or discrimate against be because of it. I lost enough mobility for it to effect my former position and they agree to move me to another area.

And what does it matter what I chose or chose not to worship? Would it be any diffrent if he called me his favorite "jew" or "muslim"?

 

[cbg]

Calling you his "favorite devil worshiper" is not illegal. It may or may not be appropriate but he broke no laws. Okay?

Fine, you're disabled. That does NOT mean that you qualify for protection under the ADA. Not all disabilities do.

Until you understand that it's a waste of time going any further.