Chicago, IL asked in Employment Law and Employment Discrimination for Illinois

Q: Can a company fire me within my 2 week notice while I'm on ADA?

I've been with the company almost 10 years but management has been getting worse and I feel like they are pushing me out. I also feel like the fact I'm on ADA for a medical disorder I have isn't helping with how they treat me.

1 Lawyer Answer
Nicholas James Crawford
Nicholas James Crawford
Answered
  • Employment Law Lawyer
  • Arlington Heights, IL
  • Licensed in Illinois

A: The American's with Disabilities Act requires that your company make reasonable accommodations for your disability and that the company can not discriminate against you because of your disability. If you already have an ADA accommodation request with your employer, it would be very suspicious if they terminated you during your two week notice period. However, provided your employment is at will and you are not under contract, your employer or you can terminate your employment at any time, including after you give your two week notice. The mere fact that they terminated you is not enough to violate the ADA or other federal or state discrimination laws. So the issue becomes whether your specific case facts show some discriminatory intent based on your disability. You should speak with a lawyer regarding your specific case facts so that you can better understand whether or not the facts are strong enough to support an action against your employer. Best of Luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.