Legal Question in Disability Law in Massachusetts
Fired for shoulder problem
I recently applied for a maintenance job and was hired. On my application I told the employer that I currently have a problem with my shoulder. I had surgery on it and since then I can't lift my arm past shoulder level. I am receiving therapy for my arm. The company let me work for a week, then I went on vacation with my wife. While I was on vacation, the company found someone else who could do my job and told me that if he didn't work out they would consider hiring me part time. They said it was because of my shoulder problem. Is there anything I can do about this?
They let me work a week with my shoulder and now all of a sudden they don't want me anymore.
Thank you for your help
Matt
1 Answer from Attorneys
Re: Fired for shoulder problem
You may have a claim of disability discrimination against the company. It is illegal to fire a qualified handicapped person who is capable of performing the essential functions of the job with or without reasonable accommodation if the termination is because of the handicap. In your case, the employer may argue that your shoulder injury does not rise to the level of a "handicap;" or that you were not capable of performing the job even with accommodations. This second argument would be tough for them to prove though because they offered to hire you part-time. You also have fairly strong evidenc that they at least "perceived" you as being disabled because you were told the reason for the termination was your shoulder injury.
You can file a charge of discrimination with the Massachusetts Commission Against Discrimination; their number is 617-994-6000. You can have a lawyer represent you before the Commission if you choose.
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