americans with disabilities

[hooperjanice]

What is the name of your state (only U.S. law)? TN

 

[hooperjanice]

can any one answer questions about speech/learning/writting/reading disabilities?

 

[cbg]

Only if you ask one.

 

[hooperjanice]

sorry, new.

My son is 30 yrs old. he graduated school with a certificate of completion. He is learning disabled with speech imparment, dyxlia, reading , writting, and so on.
He has been employed at a federal government company for the past 5 years. His dad got him the job as a janitor. To my knowledge, he did not get the job as an american with disabilities. He has never registured with them.

His disabilities such as learning , reading and writting, speech and following instructions are getting worse. He has been warned about his job duties, following directions and such. He recieved 3 days off without pay b/c one of the ladies complained several times about his cleaning of the ladies room was not up to par. He has been counseled several time by his manager. I don't believe that the company or the management knows the extent of his disabilites.

Would it be possible or proper for me as a mother (as I always did in school) to make the company aware of his disabilities? I'm talking about a federal government company that he is vested in with great benefits. He would never have this job without his dad. His dad feels like he has done all he can to help our son keep his job without saying our son is retarded, which he is not.

What should I do????
Thanks.

 

[commentator]

One does not "register" as a handicapped person with ADA. I am sure that your son's employer is quite aware of his limitations, regardless of whether you talk to them or not. The Americans With Disabilities Act does not get one a job, is not an entitly, rather it is a federal statue that indicates a person who has a limitation or disability may not be disqualified for an opportunity for which he is otherwise qualified due to his disability.

If he is counseled by his employer regarding his performance, this is in no way a violation of his EEOC or ADA rights. If he were to be terminated by his employer for performance issues, with a series of progressive disciplinary actions in his file regarding his job performance, there would be no potential lawsuit because of this. They have not violated any rights of his,he has just failed to meet their performance standards. I am sure they are already making considerable accomodation to allow him to perform the job.

He could file for employment insurance because he is actually terminated for a non-misconduct reason, and all he would need to say is that he was doing his best on the job and that he was unable to meet their standards of performance. Then he would be able to draw benefits for a limited time and seek other appropriate employment.

However, even if a person has a disability, this does not render them "termination proof" or say that the employer has to put up with genuine misbehavior and/or poor performance just because this person has intellectual or physical limitations. It is not in the best interests of the employer to allow someone to continue working who cannot do the job adequately, and it is NOT required by any law that he do so.

 

[commentator]

One does not "register" as a handicapped person with ADA. I am sure that your son's employer is quite aware of his limitations, regardless of whether you talk to them or not.

If he is counseled by his employer regarding his performance, this is in no way a violation of his EEOC or ADA rights. If he were to be terminated by his employer for performance issues, he could file for employment insurance because he is actually terminated for a non-misconduct reason, and all he would need to say is that he was doing his best on the job and that he was unable to meet their standards of performance. Then he would be able to draw benefits for a limited time and seek other appropriate employment.

Even if a person has a disability, this does not render them "termination proof" or say that the employer has to put up with genuine misbehavior and/or poor performance just because this person has physical or intellectual limitations. It is not in the best interests of the employer to allow someone to continue working who cannot do the job adequately, and it is NOT required by any law that he do so in TN.

 

[cbg]

Even if a person has a disability, this does not render them "termination proof" or say that the employer has to put up with genuine misbehavior and/or poor performance just because this person has physical or intellectual limitations. It is not in the best interests of the employer to allow someone to continue working who cannot do the job adequately, and it is NOT required by any law that he do so in TN.

Nor under Federal law. Nor in any other state.