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Unemployment or Lawsuit?

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BenThere_2

Junior Member
What is the name of your state (only U.S. law)? Texas
I am in a quandary.
For the last 5 years I have worked as a government contractor (DOD- US Army)in Iraq and Afghanistan.
A year ago I signed a Long Term Contract with a Company out of SC, to do the same job in Afghanistan at which time I passed a rigorous physical and exam. Now at the end of twelve months I will recieve another physical
Here's the problem:
I am being told that because of two conditions (which I had when originally hired I will be "unfit" for duty.
One is Type 2 Diabetes which I take one pill a day for and has been in control since 2005.
The other "condition" they are terminating for is color blindness. ??
Neither of these so called "medical conditions" effect my work, and the company knew of these pre-hire a year ago.
I guess my question is will I be eligible for unemployment benefits (which I have never drawn in 40+ work years)for a "not fit for duty" termination?
This is quite new to me and the company appears to be doing this medically to reduce the workforce on a charge from the US Army for being "over staffed"
Are there any re-education benefits for displacement?
If this is legitimate can I claim disability ?
I have done this work now for 30 + years with credits and suddenly I'm unfit?
And I'm sure someone will ask my common HbA1C is 6.0
I have been red / green colored blind since birth and it has never effected anything except an occasional mis-matched clothing outfit :)
Any advice?
 


Beth3

Senior Member
I guess my question is will I be eligible for unemployment benefits (which I have never drawn in 40+ work years)for a "not fit for duty" termination?

You shouldn't have any problem collecting unemployment benefits.

Are there any re-education benefits for displacement?

Not that I'm aware of.

If this is legitimate can I claim disability ?

Do you mean social security disability benefits? No, since you are clearly not disabled and are fully able to work.

You may have a claim against your employer under the Americans with Disabilities Act (ADA.) Firing you for having a disability or being perceived as having a disability is unlawful when you are able to perform the essential functions of your job. Do some research on the ADA (tons of it available on-line) and then consider speaking to an employment law attorney.
 

mlane58

Senior Member
First, it doesn't matter if the OP is a independent contractor or employee. A contractor’s employees or ICs who are United States citizens may file complaints against the defense contractor through the EEOC's private sector complaint process. There is a FAR clause that requires contractors to comply with EEO laws, this clause applies overseas only to United States citizens who are recruited and hired in the United States.
 

BenThere_2

Junior Member
Thanks to all of you

I appreciate the rapid response in answering my questions.
I have a little light at the end of the tunnel from the directions you've pointed out.
Again ...Thank You
 

Mass_Shyster

Senior Member
First, it doesn't matter if the OP is a independent contractor or employee. A contractor’s employees or ICs who are United States citizens may file complaints against the defense contractor through the EEOC's private sector complaint process. There is a FAR clause that requires contractors to comply with EEO laws, this clause applies overseas only to United States citizens who are recruited and hired in the United States.
I was asking in response to the question "will I be eligible for unemployment benefits". If OP is a contractor, I don't see how he would be eligible for unemployment compensation.
 

pattytx

Senior Member
True, stevef, but the term "contractor" is often used in this particular context and, in my experience (and I do have some in this area), they've always been classified as employees.

OP, ARE you an employee or an independent contractor?
 

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