QUESTION
Can I be terminated for lack of performance when it is due to disabilities that have been documented in the disability management office?
Asked on Apr 22nd, 2014 on Labor and Employment - Michigan
More details to this question:
I was told that if I didn't take a voluntary demotion I was told I would have been terminated. I have had my disabilities on record since last March. I have had interim rating which is punishment for the past 6 months. I have had several formal counseling write-ups, reprimand and a suspension almost 2 yrs ago.
1 ANSWER
4 Awards
The Americans with Disabilities Act requires that the employer provide you with reasonable accommodattions that will help you perform the essential functions of your job. You must also be able to perform the essential functions of your job with or without reasonable accommodations. For exmple, if you were a truck drive but not able to drive anymore, you are no longer able to perform your essential functions. If your disability prevents you from performing the essential functions, your options become more limited. These cases are very fact intensive. You should immediately meet with an attorney to discuss your facts. The attorney can then tell you what your best options are, what accommodations you and your doctor should request and whether you have a case worth pursuing
Answered on Apr 23rd, 2014 at 4:22 PM