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Is this wronful termination??

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klabadie

Junior Member
What is the name of your state?What is the name of your state?Missouri

I was employeed by the city of my town working as a 911 dispatcher. I found out I had a medical condition called AVM "Arterial Veinus Malformation" which I had radiation surgery for. Due to medication and the medical condition itself--I had encountered periods of slurred speach during the course of my 12 hr shifts at different times. I was told to get Dr. releases from both Family Dr. and Oncologist which I did and in August 2004 I was told by Chief of Police the releases were not acceptable and I could no longer reurn to work, however they never came out and said that I was fired. I need to know how to handle this. I have already contacted the EEOC.
 


cbg

I'm a Northern Girl
That depends.

Contrary to popular belief, having a medical condition does not guarantee you employment. If the slurred speech was affecting your ability to do your job (which is quite possible if you were working as a dispatcher) and there was no other position available for which you were qualified and to which you could be transferred, it might have been perfectly legal for them to terminate your employment.

The EEOC is the proper regulatory agency for this issue. Wait and see what they say.
 

klabadie

Junior Member
Medical termination

EEOC is trying to get me to come up with a sum of money for the City I live in to pay me for terminating my position. I need help going about this. I have filed with EEOC and the City has responded, however NOT admitting wrongful doing but willing to pay so far a sum of $1500. Seems to me that this does not cover the agony that I encountered over the time they had me off of work. What do you think??
 

Beth3

Senior Member
Of course the City hasn't admitted to any wrongdoing. It's quite possible they're not guilty of any. A settlement offer of $1500 is a nuisance value offer. In other words, even though they may not have engaged in any violation of the law, it's worth it to them to offer you $1500 to put an end to the situation and save further time, trouble, and expense on their part. If you decline, you could end up with nothing. On the other hand, your claim could be worth more.

Nobody here is in a position to tell you whether you have a viable claim and if so, what it's worth. Only a local attorney can advise you what you should do after reviewing all the relevant facats.
 

klabadie

Junior Member
What I failed to mention was that the City never once said that I was FIRED. I asked them if they were letting me go and their only response was that I was not able to return to work there??
 

cbg

I'm a Northern Girl
It doesn't matter whether the employer uses the word fired or not. There's nothing magic about that word. Whether they said you were fired, terminated, downsized, laid off, made redundant (yes, I have British roots), let go, or that you no longer have a job, the result is the same.
 

Beth3

Senior Member
I don't know what they though they were going to achieve by that but I wouldn't worry about it. Clearly your employment with them has ceased by their choice.
 

klabadie

Junior Member
Can anyone give me a website to go to where I can review cases that have been won by taking the employer to court? I feel very strongly that this was not right due to the fact I did everything that my employer requested and was still told that the medical releases were insufficient. Thanks!
 

cbg

I'm a Northern Girl
Other than the EEOC website itself, no, I don't know of any. I'm not saying they don't exist; just that if they do, I don't know where they are.

BTW, I hope you understand that no one is saying your boss is necessarily right; just that on the basis of what you have posted, no one can say for certain that they have acted illegally.
 

klabadie

Junior Member
Anyone else out there that has an opinion on my matter? Feedback would be greatly appreciated! I am looking for an option as to how to proceed. : :confused: :
 
A

absconder

Guest
Let me get this right, you cant talk in order to do your job correctly and its your employers fault you cant perform your duties........I must be missin something here!
 

klabadie

Junior Member
There was NEVER a problem talking in order to do my job correctly. You must have missed something when reading this! I had always had this medical condition and didn't know it, look up my medical condition on the web and it will explain what it is and how it affects a person neurologically. Only 2 occasions out of 3 1/2 yrs did I have a problem--that being slightly slurred speach. I have worked my whole life 2-3 jobs at once and have always accomplished more than the average person. In answer to your question--YES you did miss something. Thanks for your response.
 

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