Fired for bad eye sight and heart attack

What is the name of your state?GA.
I started a job Aug,30 2004,I am diabetic and also have some problems with my eyes. On Oct.1,2004 I had a heart attack on the job and was off 3 days.when I came back.The first week that I was there.The week ofAug.30 I had made 8 errors,after that no more for a month.,but then I was given a write up about making another error.I asked during the meeting if I go to the Dr. to see if there was a organic reason for not being able to see clearly.Nov.12. I was fired But they are going to let me work to the end of the year,and I am still doing the same job.Do I have a case of wrongful discharge under the ADA.

Maybe.

Two VITALLY important questions.

1.) How many employees does your employer have?
2.) Did you ever request an accomodation?

There are more then 1000 employees in the parent company,also Iasked if I could go to a optomitrist to determine if my eyes were getting worst.

cbg said:

Maybe.

Two VITALLY important questions.

1.) How many employees does your employer have?
2.) Did you ever request an accomodation?

Click to expand...

Don't you think what KIND of work is also important?

Are you a police officer? A Truck Driver? A tank Driver in Iraq?

Quite honestly, Belieze, for what I'm getting at, no, what his job duties are is not important.

OP, asking to go to an eye doctor is NOT the same as asking your employer for an accomodation under the ADA. There was nothing stopping you from going to an eye doctor on your own. Your employer did not need to give you permission.

However, unless you self-identify yourself as being disabled and specifically ask for an accomodation under the ADA, your employer is free to completely disregard your eye trouble. In fact, they could be in trouble if they DON'T. Evidently you never did this.

Assuming that you need an accomodation to do your job without being asked for one, can be interpreted as discrimination. Since you never asked for an accomodation, your employer is free to assume that you don't need one.

Since you did not request an accomodation to help you do your job, you are required to perform on the same basis as an employee without any eye problems. If an employee without eye problems would be fired after making the same number of errors, there is no discrimination in firing you.

Since you had only worked for the company since August, you were not entitled to any statutory time off, regardless of what medical conditions you may have.

what kind of job I had.

I did data entry, putting in results of drug screens for a MRO.

Which means that a significant number of errors can be costly to the employer.

The ADA does NOT require an employer to permit a disabled employee to make more errors than a non-disabled employee.