Law Offices of Dan A. Atkerson

Disability Discrimination and Wrongful Termination

By Dan Atkerson on April 10, 2015

Disability should never be used as an excuse to fire an employee. That is why we have the Americans with Disabilities Act. One Flint, Texas man believes that his termination was unlawful under the ADA.

According to a lawsuit filed in March 2015, automobile dealer Brinson Ford Lincoln Mercury of Athens fired one of its service managers after he took a day off work to be treated for rheumatoid and psoriatic arthritis. These treatments were scheduled monthly, a fact that Brinson Ford was fully aware of.

On the day of the firing, the service manager called in to let his supervisor know that he was ill. The supervisor told the ex-employee that he “did not need a part time manager” and hung up the phone. The next day, the service manager was informed that he had been terminated, and the supervisor refused to speak with him.

Employers are required to give reasonable accommodation for recognized disability. If the courts find that the service manager’s federally protected rights were infringed, he could be rewarded with damages for lost wages and benefits, lost employment opportunity, back pay, attorney fees and court costs.

If you believe that you were wrongfully terminated due to disability discrimination, there are ways for you to fight back. A useful resource in your time of need is a skilled employment law attorney.

Atkerson LawDallas Employment Attorney


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