Legal Question in Employment Law in Georgia

Re: please........can you actually get fired for this

Your sister may be protected under the Americans with Disabilities Act. However, that determination will depend on a number of factors. First, you need to know how many people are employed by this employer. Next, you need to know what condition causes your sister's bad teeth and whether or not that condition substantially impairs a major life activity of hers. Finally, you need to determine if she can perform the essential functions of her position, or if there is some accommodation that her employer can give her that will permit her to perform the essential functions of her position. The failure of any one of these elements, will result in a lack of job protection.

That the supervisor hired her with knowledge of the bad teeth is a double edged knife. First, it can help to establish that your sister can perform the essential functions of her position otherwise she would not have been hired. Conversely, if the employer is one who discriminates against people based upon a disability, and your sister's condition was known at the time of hire, why would she have been hired.

In Tennessee it is often difficult to protect any individual's employment. If you would like to consult with an attorney on this matter, we can be reached at [email protected].

Re: please........can you actually get fired for this

Assuming that your sister does not have a legal disability, nothing can be done if your sister was an at-will employee, i.e. does not have a contract which dictates a length of employment. Most employees are at-will and employers can fire someone without a reason. However, they cannot fire someone for discriminatory purposes or in violation of the employee's civil rights. It doesn't sound like that is the case in your sister's situation.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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