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Lecter...
A disabled friend of mine needs some legal advice and I figure if you're as ruthless in real life as you are in VO, you're the guy to ask. Anyway, it seems like a pretty simple violation of the Americans with Disabilities Act to me though I'm not a lawyer. Shoot me an email at Lucas-king@live.com if you feel up to it and I'll explain the situation.
ADA is Federal law, and it has some real teeth when wielded correctly. Is it an access issue, a labor issue, or?
The guy has some issues due to severe head trauma (severe memory loss, balance issues and such). At any rate, most of his coworkers know about this and are delicate enough to not mention it when one of the issues comes up (usually memory, he cant remember his DoB or how old his kid is... its pretty embarrassing for him.) one of his manager types is less delicate and typically makes snide/sarcastic/insulting commentary about it/him. The other day he "snapped" (insomuch as he ever snaps at any one) and told her to shut up and was subsequently fired.
It seems like he has some type of case, but not being a lawyer I'm not sure how he'd go about it and neither is he.
It seems like he has some type of case, but not being a lawyer I'm not sure how he'd go about it and neither is he.
Had he informed his employer of his disability, or could they otherwise have known? Was he under any sort of disciplinary plan regarding his behavior at work? Did anyone witness the manager's behavior? Does he want his job back, compensation, or damages?
"One of his manager types is less delicate and typically makes snide/sarcastic/insulting commentary about it/him. The other day he "snapped" (insomuch as he ever snaps at any one) and told her to shut up and was subsequently fired."
I'm no lawyer but that boss better gets whats coming to him, he's a dick for messing with your friend in the first place him but firing someone who tells you to fuck off after you're the one provoking takes a special kind of asshole.
I hope he gets sued he definitely deserves it.
I'm no lawyer but that boss better gets whats coming to him, he's a dick for messing with your friend in the first place him but firing someone who tells you to fuck off after you're the one provoking takes a special kind of asshole.
I hope he gets sued he definitely deserves it.
@ Whistler...
Yes, he makes it common knowledge at any place he works to avoid the hassle of explaining later.
No, I'm told by his coworkers that he was basically a model employee...(coming in early, staying late and working on his days off)
Yes, but given the track record of firings recently... it is unlikely they would be of help.
He'd take the job back if his employment were guaranteed and the manager relocated or terminated, otherwise I believe he wants compensation.
@Spidey... We are in complete agreement.
Yes, he makes it common knowledge at any place he works to avoid the hassle of explaining later.
No, I'm told by his coworkers that he was basically a model employee...(coming in early, staying late and working on his days off)
Yes, but given the track record of firings recently... it is unlikely they would be of help.
He'd take the job back if his employment were guaranteed and the manager relocated or terminated, otherwise I believe he wants compensation.
@Spidey... We are in complete agreement.
If the employer has more than 15 employees, they must comply with ADA guidelines.
If the manager has truly made rude/snide/insulting remarks specifically pertaining to to your friend's disability, your friend may have a case. The thrust would be disability-related harassment as prohibited by the ADA. I think fighting the termination would be a losing battle. It would be too easy for them to make something of his "snapping". I suggest that your friend, or perhaps you and your friend, contact the Equal Employment Opportunity Commission and make a claim. You could contact a lawyer and maybe get a free or cheap consult, but it's probably not worth it unless the employer is high-profile or big enough that there's a shot at a class action (linking together this claim plus any pattern or failure to adhere to ADA access guidelines, etc.).
If the manager has truly made rude/snide/insulting remarks specifically pertaining to to your friend's disability, your friend may have a case. The thrust would be disability-related harassment as prohibited by the ADA. I think fighting the termination would be a losing battle. It would be too easy for them to make something of his "snapping". I suggest that your friend, or perhaps you and your friend, contact the Equal Employment Opportunity Commission and make a claim. You could contact a lawyer and maybe get a free or cheap consult, but it's probably not worth it unless the employer is high-profile or big enough that there's a shot at a class action (linking together this claim plus any pattern or failure to adhere to ADA access guidelines, etc.).
I'm back in the office from skiing in CO on Monday the 6th, will email you then.
Please keep in mind that -- while I'm happy to hear the facts, look at the relevant parts of the statute and some basic case law, and give you my thoughts -- I'm only admitted to practice in New York state courts and the Second Circuit/SDNY/EDNY federal courts (i.e., probably not your or your friend's jurisdiction), have zero actual experience with litigating ADA claims, and I'm not going to be offering over the internet anything that should be relied upon as legal advice by anyone.
Please keep in mind that -- while I'm happy to hear the facts, look at the relevant parts of the statute and some basic case law, and give you my thoughts -- I'm only admitted to practice in New York state courts and the Second Circuit/SDNY/EDNY federal courts (i.e., probably not your or your friend's jurisdiction), have zero actual experience with litigating ADA claims, and I'm not going to be offering over the internet anything that should be relied upon as legal advice by anyone.