New York, NY asked in Employment Law and Employment Discrimination for North Carolina

Q: Can I sue for wrongful disability termination if I didn't disclose the specific disability to my employer?

My disability didn't prevent me from completing work, and I was let go for reasons besides inability to complete work, though my disability may have contributed to actions that led to being let go.

1 Lawyer Answer
Kirk Angel
Kirk Angel
Answered
  • Employment Law Lawyer
  • Concord, NC
  • Licensed in North Carolina

A: It is hard to say without consulting with you as many more facts are needed which would also bring more questions. In general, you do not have to identify the exact disability. However, you will need to have identified enough about the disability for the employer to have determined it was a disability covered by the Americans with Disabilities Act. Additionally, if you needed a reasonable accommodation to perform the essential functions of your job, you would be required to have given the employer enough information for it to determine the appropriate accommodation for you.

I do want to point out that this is not just about " completing work" for your job and I do not know what "actions" you mean. However, if your actions, for example, violated workplace conduct or other standards, there may have been no accommodation available or required.

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