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
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Answered
  • 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.

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