More details to this question:
I was hired as a temporary employee at the Walmart in October 2014. I was recently diagnosed with Bipolar II Disorder and had an episode due to a 3rd shift schedule. I requested this schedule without full comprehension of how it would affect my disorder. After 2 days on the job, I had an episode that took me to the psychiatric ward for a total of 4 days. Upon returning, I proceeded to complete the process of requesting accommodation for my issue. I supplied the employer with doctors information, letters, and other requested documents. This process took over 30 days to complete, and while communicating with Walmart Personnel it was my understanding that I was on disability leave until the request was fulfilled. On November 20, 2014 I received a call from Personnel informing me that I had been terminated for the following reason: "We are not able to fill your accommodation request at this time. Please reapply in February of next year." Is this legal grounds for termination?
1 ANSWER
You would have to argue that your request for an accommodation was reasonable. Employers only have to accommodate employees' disabilities to the extent they can provide a reasonable accommodation to allow the employee to perform the essential functions of their job. So, much more information is needed. You should consult an attorney.
Ohio disability discrimination attorney www.mcoffmanlegal.com
Answered on Dec 05th, 2014 at 8:54 AM
Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.