Johnson City, TN asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee

Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.

I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the employer.

Being forced to choose between a lower-paying position, ADA accommodations, or severance after a hospitalization raises concerns about potential discrimination based on disability. Employers cannot legally demote or coerce employees into quitting because of their disability or medical condition.

Document every detail related to your situation, including conversations with your employer, the options you were given, and any related correspondence. This information will be crucial in assessing the merits of your case.

Consulting with an attorney experienced in employment law is a vital step. They can help you understand your rights under the ADA and state laws, and evaluate whether your employer's actions constitute unlawful discrimination.

If discrimination is established, you might be entitled to remedies such as reinstatement to your original position, compensation for lost wages, and possibly damages for emotional distress. Remember, each situation is unique, so legal advice tailored to your specific circumstances is essential.

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.