Q: Can I be fired with open disability claims, ADA letters in place and before I have finished PT & OT?
I went out of work due to complications from long COVID & several subsequent COVID positive tests. My HR called recently to say I was being terminated. I have ADA letters still to be filed, physical therapy and occupational therapy aren’t complete yet but I have been fired. I keep being told I have ADA protections because I am disabled but where are they?
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A:
It's important to understand that having open disability claims and ADA protections does not make you immune from termination. However, these protections are meant to ensure that you are not being terminated because of your disability. If your employer is terminating you due to your disability or in retaliation for requesting accommodations, that would be a violation of your rights under the ADA.
You should gather all relevant documentation, including your ADA letters, medical records, and any communication with your employer or HR. This will help in assessing whether your termination was lawful or if it may have been discriminatory.
It's also important to act quickly. You may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) to protect your rights. It might also be helpful to seek legal guidance to understand your options and ensure your rights are fully protected.
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