[USER]

Please remove if not appropriate.
I was just fired today from my employer after disclosing a disability. Does anyone have guidance on what type of attorney to reach out to?

I’m assuming an employment attorney. Also looking for any attorney referalls in MA.

Thank you in advance.

[Andrea]

There should be a disabilities job group of some kind in your state. My 17 yr old son just needed a heart transplant out of the blue and was already discriminated and fired from his first job because he was a liability.

I sadly know this is his future now but we are quickly learning how to protect him and how he can protect himself.

[Sarah]

Can you prove it was due to the disability? Are you in a no fault state?

[Steve]

It’s federally protected, I’d think. Discrimination based on race, gender, age and disability is illegal.

Definitely hire an employment practices liability attorney

[Rose]

When you spoke to them did they ask if you needed an accommodation?

[Natasha]

Currently in a similar situation with a family member following a medical diagnosis. First things first, consider filing an EEOC complaint at federal level and also at your state level (if applicable in your state).

Once they do their investigation, you will get a right to sue. The purpose is to say you have exhausted attempts to resolve it without court.

Might save you some money as well as you don’t need a lawyer for that. We just filed our lawsuit and it’s been quite a journey to get here— I wish you all the luck.

Don’t give up, and learn your rights!

[Gina]

Which state? I may have a really good one for you or can help with resources

[Elizabeth]

Oof, no advice but I’m here for you. This is a tough situation but I definitely think it’s attorney time.

Gentle hugs coming at you

[Will]

An employment attorney with a speciality or experience in disability law.

So sorry for this situation. I have this same problem getting hired when I disclose the disability or if I’m hired then they take the whole “undue burden to accommodate” bullshit.

[Kristine]

I think you could find an attorney who specializes in disabilities and ADA law.

Not all employment attorneys would have experience in this field.

[Emma]

Forward all communication of you can to your personal email and file an EEOC complaint

[Kathy]

Each state has free assistance to people with disabilities, including legal help. In my state, it was named Protection & Advocacy.
Search for Easterseals in your state. They have so. Many. Resources. And. Connections.

But each state has different laws and rules. A disability group will help you find the best lawyer specializing in both employment AND disabilities.

Sometimes these same lawyers serve on the boards of these groups, so they know this subject well.

Discrimination is against the law. Going to the EEOC alone is like going to war with a squirt gun. Having a lawyer is like having a BB gun. Having one that’s an employment lawyer gets you a gun.

Having an expert in disability law *and* employment law is being given a team of heavily armed Marines.

Don’t waste time, though. There’s deadlines when claims can be made or will be rejected if you miss the date. I worked within the disability movement for 30 years.

I can help you even more if you need.

[Victor]

Definitely get an attorney. I’ve seen 6 figure payouts for settlements. Someone who specializes in employment law in your area.

[Brett]

Remember that in civil cases, if it gets to that, the burden is a preponderance of the evidence (“more likely than not”), not the higher criminal bar of without any reasonable doubt.

If you can show the sequence of events (even better if no prior performance issues), that will help your case.

Even active measures towards a lawsuit can prompt a settlement that avoids them costly litigation.

[Dave]

It’s called failure to accommodate. Lots of laws out there if you google that and your state after it.

[Angela]

Find an employment law attorney that specializes in representing those with disabilities.

Additionally, file a formal complaint with EEOC and a state agency if applicable.

[Joan]

You need to also reach out to the EEOC.
Do you have anything in writing that indicates that you were fired for this disclosure?

Would your employer be able to claim that you were let-go for another reason?

[Sara]

If you still have access to systems export all evidence and anything you have in writing. While it’s all fresh try to create a timeline and map the pieces together.

If you have anyone on the ‘inside’ that might still have your back try to get them to help if they had access to any communications where you mentioned you’d be disclosing etc

[Author]

Posts