QUESTION
Do I have a case against an employer if I went through a temp agency? I was fired from a job I got 3 weeks ago. Here are the details: I have severe...
Asked on Aug 14th, 2012 on Labor and Employment - New Mexico
More details to this question:
Irritable Bowel Syndrome. My doctor wrote a letter for me to give to my employer stating I have this and if I miss work this is why. I gave the letter to my supervisor the first week of work and explained to them what it was about and that I wouldn''t miss much work but will need bathroom breaks. The company is big on attendance. I told them the first week I was employed that I had a doctor''s appt that I made 3 months ago. They said it would be an occurence. They did not write it up. They did not tell me not to go and I gave them two weeks notice before the appt. I have never missed nor have I ever been late. I was doing well in the training (which was supposed to be 6 weeks long altogether). Yesterday I had my appt. I also sent a text to the trainer (who knew about the condition and appt) to tell her about this. I was 45 minutes late. She knew I would be. That night I got a phone call from the temp agency (this is a temp to hire position) that I was let go because I gave them a letter.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
You may have a case under the Americans with Disabilities Act as amended in 2008 by the ADAAA. IBS is more than likely a covered disability. Here's how the theory would work:
You were hired as a temp, although it is a temp -to-hire situation which is comparable to an employer who utilizes a probationary period for all new hires.
The employer was aware you had the disability.
You needed to see the doctor and you asked for a reasonable accommodation (to be allowed to keep a doctor's appointment for treatment of your IBS).
They retaliated against you for asking by firing you.
While you have no case under the Family and Medical Leave Act, since you have not worked there for 12 months, you still have rights under the ADA. You can file a disability discrimination and retaliation charge with the EEOC. You also may have additional rights under state law. You should consult with a New Mexico employment lawyer about that.
Michael Caldwell
404-979-3150
Answered on Aug 15th, 2012 at 12:16 PM