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| *Ostroff, Fair and Company>>>Law & Legal |
Can you get fired from a job because of your voice?? |
I was fired from a job that hired me with voice problems and said it didn't matter. Well before the 3rd month they had fired me. Is that legal. I quit a job after 71/2 years to take this position. They offered $5000.00 more a year . WOW What a mistake. What do you think. Question 1: Do you work in a state that has "at will employment" meaning they can hire and fire for whatever reason they want as long as they do not hit the Big Seven discriminatory practices? Question 2: Are you able to prove that it was because of your voice that they fired you? Do you have written statements? Witnesses that will come forward on your behalf and speak against the employer? You will need to prove that they engaged in a discriminatory practice. The laws are changing so much now that a vocal impairment probably would not be considered a disability because you are able to work so you probably have no legal basis under the Federal ADA regulations. You have to find a legal basis for the discrimination and be able to prove that you were discriminated against. If you get a lawyer, the former employer will put it all on you - that you did something that caused them to terminate you and you are using your voice as an excuse. Right now, under the Bush regime and the current conservative attitudes of the courts, employees are in a very difficult position. The courts are throwing employment cases out left and right. Where I live, the federal court summaries out 70% of all employment cases filed. Depending on your type of case, it could go either to state or federal courts. If you were in a union, you can arbritrate. You can also seek out your local civil rights commission which handles disability claims or the EEOC which does the same. Just remember: employment cases are a long and lengthy battle with employers fighting dirty and ugly. I work in the field, so I know, plus I have had some personal experiences myself. Unless you consult with an attorney who specializes in employment and labor law and you have a good case, I would call it a day as far as filing in court. However, a good lawyer with good negotiating skills can also try to get you a decent severance package, so that may be worth your time to investigate. I say consult a lawyer who specializes in employment and labor law but keep your expectations realistic in today's anti-worker mentality. What exactly is wrong with your voice? Need more info. That is the stupidest thing that I have ever heard. I would try to get them for some kind of discrimination. They discriminated you because of your voice. I would check with your labor board on this one. Hope it helps. To me that is no reason to fire you. they hired you with it. My guess is that the legality of the termination would depend on whether the problem with your voice puts you under the umbrella of the Americans with Disabilities Act. You can get fired from a job or any reason at all, or no reason whatsoever, unless you're a part of a protected class and they're trumping up reasons to fire all of you. They may have fired you for reasons not associated with your voice. You can be fired for any reason. 1st off, most states are "at will" employment states which means that the employers can hire/fire an employee for "good reason, bad reason, or no reason at all". For more information in reguards to this notion go to your local community college and take a business law course, very informational. 2nd, as for your voice problem, I don't believe that would be covered under the ADA(American Disability Act of 1993) especially considering that they hired you knowing this fact. My advise to you, 1st take a course in business law, and 2nd talk to a lawyer about it, most lawyers will give a free consultation, and 3rd, get a better job and continue with life knowing what you now know. Good luck and hope this helps AAS in Business Management(cume laude) |
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