In an at will state, could I still be fired for being disabled?
I just started a job a week ago and the owner told me if I did not improve on my speed, she would fire me. I have a disability, which I assumed she could tell. I make no attempt to hide it. I have been openly refused a job before because They could tell I have a disability. I live in an at will state, so I can be fired at any time for no reason at all. Does the ADA limit this? How do I approach my boss about her apparent discrimination
philospher772016-08-26T17:30:39Z
ADA doesn t kick in just because you are "obviously disabled". You have to request reasonable accommodations, and there was probably a box on your application asking if you would need any to fulfill the job. If you didn t tick that box, or start a discussion with your employer about accommodations, then they are under no obligation to just offer them, since they can t treat you differently than other employees who may or may not be disabled. So, as it stands right now, they are within their rights to fire you for not being fast enough. If they have an HR department, and there are accommodations that you feel would allow you to meet their requirements, I would go to them and start talking about what can be done. However, if they are small enough, they may not have to do anything, since it would be an undue burden on them. But you won t know until you ask.
You wouldn't be fired simply for being disabled. You would be fired for your lack of productivity. There's no law that says an employer can't discriminate against you because you're not productive enough. Stop hiding behind your disability. Strong disabled people are out to prove they aren't "disabled", but "differently-abled" everyday. You must show perseverance that your disability does not slow you down.
Your employer is purchasing your labor, if you aren't giving them what they are buying, then they will stop buying it.
If you can't do the job to speed, they don't have to keep you on. ADA protects you to a point, but if you literally cannot do the job, it doesn't force anyone to give you that job. You wouldn't want a firefighter answer your 911 call who couldn't perform the basic tasks of the job, would you? Ask to be put on a job you can possibly do to speed, and don't apply for jobs that you know you cannot possibly do given your disability. That just goes nowhere quickly.
If an employer cannot accommodate your disability, he does not have to employ you. So, yes, you can be fired if you cannot perform your work up to the employer's standard.
First off you never told them so you couldn't hide behind ADA anyway. Second all ADA says if they have to make REASONABLE accommodations, so you can't hide behind that anyway. It's like you needed a chair to do your job and they could give you one then they would be expected to, however they aren't expected to do half your work for you.