If you were recently fired from your job and you suspect it was because of the disability you have, you might want to speak with a civil rights attorney about this. Discrimination is prohibited in the workplace, and you can actually sue your former employer if you can prove he or she fired you because of your disability. When you speak to a civil rights attorney, he or she will ask you several questions to determine if you have a case or not.
Does Your Disability Prevent You From Doing Your Job?
Employers have the right to hire the best workers for the job, but they cannot refuse to hire you or fire you for any type of disability, as long as you are still able to complete the duties of the job. If you had the disability when you were hired and were always able to complete all necessary duties, your employer cannot fire you unless there was a different reason for firing you.
If you developed the disability after you started working there, your employer still does not have the right to fire you unless you are no longer able to complete the duties you need to do. If your disability is preventing you from completing your duties, your employer might be able to let you go. In this situation, your boss would be letting you go because you cannot do your job, and not just because you have a disability.
Do You Have Proof?
The next question your lawyer will ask you is if you have proof you were fired because of your disability. This cannot only be a tough question to answer, but it can also be tough to prove. In order to sue your former employer and win, you will need to have evidence that proves your theory. Without evidence, it can be incredibly difficult to win a discrimination lawsuit. Here are some types of evidence you might be able to use to help you prove your case:
- You have always completed your job duties – If there has never been a time when you were unable to do your job, you should tell your attorney.
- You have met all quotas – If your job has quotas, showing evidence that you have met all required quotas can also prove that you are capable and qualified for the job position you had.
- You have never been written up – If your employee file shows that you always showed up to work on time and never caused any problems of any kind, it can be a good sign that you should not have been fired.
- You have positive performance reports – Finally, if your company had evaluated your job performance, you could use these reports to prove that you always had positive feedback.
These are great ways to prove your employer had no reason to fire you, but there might be additional evidence that can also help your case.
For example, if your disability recently caused you to need a wheelchair and your workplace does not accommodate for it, you have the legal right to ask the employer to complete the tasks necessary to allow you to get in and out of the building. If your employer did not want to do this, you could use this as a motive for firing you.
Proving employment discrimination is not an easy task, but it is possible if you hire a civil rights attorney. Your attorney will discuss your case with you and investigate it if necessary. If there is enough evidence, he or she might suggest filing a wrongful termination lawsuit against your employer. For more information about this, contact a civil rights attorney today.