Job_Hunting
Member
What is the name of your state (only U.S. law)? Illinois
I am in the middle of a Facebook debate (don't even ask how this got started) in which the sides are arguing whether a person can be fired if they have a disability that at some point, makes them disruptive to the company.
The scenario is that the employee's condition at some point begins hurting business and the disability is a neurological/mental condition, such as turrets syndrome or narcolepsy, which would cause one to fall asleep at random times on the job, or have outbursts of profanity that are uncontrolled.
The employee is assumed to have been able to perform the job satisfactorily at the time he/she was hired, and the employer was aware of his/her condtion at the time of hiring, but no contract is in place other than the initial application.
My argument: In Illinois, one can be fired for any or no reason, outside a specific written contract. Not to be confused with applying for unemployment benefits.
Their argument: They are protected by the Americans with Disabilities Act and if they are fired they can sue and will probably win and could get their job re-instated if desired. I do not agree.
Comments?
I am in the middle of a Facebook debate (don't even ask how this got started) in which the sides are arguing whether a person can be fired if they have a disability that at some point, makes them disruptive to the company.
The scenario is that the employee's condition at some point begins hurting business and the disability is a neurological/mental condition, such as turrets syndrome or narcolepsy, which would cause one to fall asleep at random times on the job, or have outbursts of profanity that are uncontrolled.
The employee is assumed to have been able to perform the job satisfactorily at the time he/she was hired, and the employer was aware of his/her condtion at the time of hiring, but no contract is in place other than the initial application.
My argument: In Illinois, one can be fired for any or no reason, outside a specific written contract. Not to be confused with applying for unemployment benefits.
Their argument: They are protected by the Americans with Disabilities Act and if they are fired they can sue and will probably win and could get their job re-instated if desired. I do not agree.
Comments?
