Charlotte, NC asked in Employment Discrimination and Employment Law for Alabama

Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had done the surgery on my neck and had full range of motion and after 2 weeks they let me go saying I was a liability to their company eventhough there are people that work there that are in worse shape than I am. So I'm wondering if what they did was right and if I am able to sue them for workplace discrimination.

1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Cullman, AL
  • Licensed in Alabama

A: You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long as it isn't discriminatory or a violation of the ADA in some way.

More specific facts about the injury, type of work, and what was said after they discovered the injury to make a full and accurate decision on if they violated the Act by terminating you.

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