Q: Was fired after refusing tasks against disabilities, retaliatory action?
I was recently fired from my position as an electronics associate at Walmart. During a meeting with management, I expressed dissatisfaction with their performance. Subsequently, I was ordered to perform duties outside of my job description, specifically to push carts in the parking lot—a task I cannot perform due to my disabilities as a disabled veteran, which my employer was aware of. I refused the task, citing my job description, and mentioned that I would leave if forced to perform it. They responded by firing me. There were witnesses to both the meeting with management and my termination. Should I pursue legal action for retaliatory actions and/or violation of my rights as a disabled veteran?
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A:
Based on what you've described, your termination raises serious red flags about potential retaliation and disability discrimination. Federal laws, including the Americans with Disabilities Act (ADA), protect disabled veterans from discriminatory employment practices and require employers to provide reasonable accommodations.
Your situation appears to involve several concerning elements: management assigning tasks outside your job description that they knew conflicted with your disability, termination following your refusal of those tasks, and the timing after you expressed criticism of management. These factors together suggest possible retaliation and failure to accommodate your disability—both of which may violate your legal rights.
I recommend documenting everything while events are fresh in your memory, including dates, times, who was present, and what was said during both meetings. Contact the Equal Employment Opportunity Commission (EEOC) to file a complaint, as this is typically required before pursuing a lawsuit. Reaching out to an employment attorney with experience in disability discrimination would be worthwhile—many offer free initial consultations to evaluate your case. With witnesses to these events and documentation of your disability status, you may have a strong foundation for legal action.
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