QUESTION
Can I sue my former employer?
Asked on Oct 10th, 2013 on Labor and Employment - Connecticut
More details to this question:
I worked at this company for a year through a temp agency and when they were about to hire me permanently I was sent for a physical. Long story short I'm epileptic the plant manager and all other employees in the company were very much aware of the fact. My doctor has no problem with me working as long as its not late at night so my shift would've of been changed which wasn't that big a deal when I spoke to the plant manager about it. Well about 1 week after the physical I was called by the temp agency and was told not to go back to work until further notice! I was supposed to be called by the company doctor who never called! It's been 4 months since then and still no contact at all from the company their doctor or even the temp agency. I do not know what to do I have bills to pay my rent to pay and my daughter to take care of and the little bit of unemployment money I get is not getting me far.
1 ANSWER
4 Awards
It appears from your facts, that the company may have refused to hire you as a permanent employee because of your disability (epilepsy). As long as you can perform the essential functions of your job, the company cannot refuse to hire you based on your condition, especially if it was easy for the company to change your shift. Unless the company can establish that changing your shift was an unreasonable burden to the company, they would have to do this as a reasonable accommodation. The company will need to provide a logical reason for not hiring you that is unrelated to your condition unless they can prove that your condition poses an unsafe risk to you or others. Since you have worked there for a year, presumably with no problems, and your doctor will provide a medical note supporting you, it will be hard for the company to prove this.
You should speak to an attorney to explore this further.
Answered on Oct 11th, 2013 at 4:45 PM