You pose a very interesting case in which I would love to help you with. Thank you for the well written question.
This issues deals with whether the employee breached the contract or whether the company violated public policy in terminating the employee. It is true that provisions in a contract are legally enforceable. Here, the provision appears to deal with the physical location of the employee. If the provision was clearly and expressly stated in the contract it can be interpreted as a contingency to adequate performance. If the physical location of the employee was what was "bargained for" in exchange for payment, then there is a strong case that the employee breached the contract.
HOWEVER, this case and issue is interesting because there is an equally competing cause supported by public policy. There are certain laws that prohibit employers from terminating employees because of disability. Also, retaliating against an employee because of medical leave or medical condition is prohibited both under state and federal law.
If I were representing the employer I would argue that, the employer is only required to make reasonable accommodations unless there is a legitimate and justifiable business necessity that relieves the employer of the duty to make accommodations.
Based on the face of the issue, I believe the employers strongest arguments would include:
There was no discrimination because the decision to terminate was based on a breach of an express contingency to performance which because of business neccesity could not be altered to accommodate employee. The decision to terminate does not appear to be based solely or in part on disability.
Also, employer could argue there was not duty to accommodate because the employee could not perform his duties even if reasonable accommodations could be made. These are just a couple of the possible arguments that could be made. I invite you to contact me. I need to read the contract so I can provide you with a more detailed answer. I can help you.
dadalaw@comcast.net
Codi M. Dada, Attorney at Law
"Doing everything I can to make good things happen."
Answered on Sep 12th, 2013 at 6:54 PM