I need some help from a labor law person

[DiverDave]

Recapping the news:

I lost my job for printing out the hate mail from this site.
I was given no warning of any kind, just told by the consulting firm that I was working for that my contract was pulled.

I am fighting this.
I am a disabled worker, that's the consulting firms niche, they get disabled folks work.

I just had my pain medication doubled, as I am having a tremendous amount of pain.
I am claiming that the added medication can (and did) impair my judgment.
I spoke to the EEOC (Equal Employment Opportunity Commission) today and was told that I could file a claim of wrongful termination.

I don't want to file a suit, I just want my job back.
I am working with my doctor to adjust my pain medication and I feel that since they knew before I was hired that I was taking this medication ( I took a drug test), they cannot fire me for it's side effects.

My question is: Do I have a chance to get my job back?
I really need this job, and will drop any plans for a suit if they just give me the danged job back.

Thanks for any help you all can give me.

Dave

[Onlooker]

1. I'm not a lawyer but ...

I'm not a lawyer, but in case no one gives you any better advice, here's what I do know. If you think they fired you because of issues related to your disability, then write down as much evidence to support that theory as you can. If any of colleagues or former colleagues would support you on this that would be helpful too. You could then talk with a labor lawyer and figure out if there's a way to meet with your employer and make your case in a nonthreatening way. If you file a claim through the EEOC, it would probably be worth sitting down with some sort of advocate so that you make your claim in the best way.

Your employer will probably claim they fired you for reasons not having to do with your disability, and you'll have to prove them wrong on that. I very much doubt if your employer would simply relent, apologize, and take you back. If they did that, they would lose face, and you would probably still be in a position to file a claim.

If nothing else, you might call your employer and find out if they would give you a good reference or help you with job placement.

[Spinzonner]

2. Have you Googled

<your state> labor law and checked some on-line resources ?

You say they pulled your 'contract'. Not clear how formal that is but if you are indeed under a contract, rather than at-will, it should enumerate specific rights and responsibilities for each party. You should review it to see if your situation is covered and especially with regard to termination procedures.

[wolfgirl]

3. If you file an EEOC claim

If you go to the EEOC for a wrongful termination due to your disability, you will have to prove all of the following:

a. You have a disability
b. Your disability adversely affects 1 or more major life activities (walking, sleeping, eating, breathing, etc.)
c. You are a qualified individual with a disability (meaning you can with or without a reasonable accommodation successfully perform all the essential functions of the position you held)
d. Identify someone treated better than you were treated under similar circumstances that does NOT have a disability.

The burden will be on you to prove that you were terminated solely because of your disability.

Management only has to prove that the termination was initiated due to a non-discriminatory reason. OR, if discrimination was a factor, they would have to show that absent that discrimination, they would have taken the same action due to other reasons.

I don't know what you would have to do if you believe the termination was related to something you did solely because of a side effect of he medication you take. You would probably have to show that you had given management sufficient evidence in advance of the event so that they would have been aware and therefore you had an expectation that management would take that into consideration (as a means of reasonable accommodation). OR, you would have to show that management should have been aware of the need without your express request for reasonable accommodation as it relates to the effects of said medication.

Hope this is helpful.

[wolfgirl]

4. Additional thought

If you do go through the EEOC and they accept your complaint, they may suggest you & the company attempt to resolve this matter through alternate dispute resolution (ADR) or mediation. This might work if the company feels that you might prevail...or they recognize that resolving the issue now is better than fighting this in the system.

If you go to the EEOC, be prepared to use the right words in talking with them. Wrongful termination; that you are truly a disabled person (major life activity is adversely effected); qualified person with a disability; and be able to identify someone that you can show was treated better than you were treated.

Think back, has any one in the company's management made any negative remarks/statements to or about you re: your disability? If so, do you have a witness? Can you provide dates/times/details.

again...hope if helps...

[wolfgirl]

5. delete - duplicate