Q: Job knew I had disability. Sent a letter to say come to work, if no note in 6 days your fired. Was time to short?
I identified as a person with a disability. There was a class coming up I needed to be out for 2 days of a 10 day class for disability. Lead said her and manger discussed my request and said I should rethink going to my appointment, resign or they may terminate me. I was unable to attend that class because I spoke with someone in HR to get an accommodation. The next notice from my employer said there was a new class coming up and I needed to have paperwork from my employer in their hands within 7 days if I could not attend. Notice received Dec. 30, the next few days were holidays. It was next to impossible to get the paperwork back to them. They provided no contact number for the person that sent the notice and they did not provide a fax number to send any paperwork if I had it. Could their action be discriminatory because they knew I was disabled and gave short notice and that they mentioned termination when initially asked. Was that possibly retaliation?
A: No, not necessarily. It all depends on the facts, intent, and motivation of your employer, as well as whether or not you followed the law on requesting a reasonable accommodation. The employer knowing you are disabled is not enough. You must make a request for a reasonable accommodation, your medical issue must be of the type protected under the law, and it must be documented by a qualified medical professional.
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