QUESTION
I was terminated from my job because my hearing disability may cause me to make a mistake. Should I seek legal counsel?
Asked on Aug 28th, 2012 on Discrimination - Pennsylvania
More details to this question:
Two weeks ago I was hired as an LPN. I have a hearing disability. I was terminated because the company was afraid I would make a mistake when recording information received from patients. No attempt was made to accommodate me. I was only trained in one of three areas that my job encompassed. I would really like to speak to someone to find out what my rights are and to help me determine where to go from here.
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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If you made your employer aware of your disability and/or requested reasonable accommodations for your disability, then the employer at least has to engage in a good-faith interactive process with you in order to determine whether a reasonable accommodation exists that would enable you to perform the essential functions of your position. Your employer simply cannot "assume" that you cannot do your job and terminate you.
I would be happy to speak with you in more detail about the specific facts and circumstances of your situation. Please feel free to call me or email me directly.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
mdavey@eckellsparks.com
www.paemploymentlaw.blogspot.com
www.eckellsparks.com
Answered on Aug 30th, 2012 at 8:33 AM