Legal Question in Disability Law in Massachusetts
Can they ask me to resign because of health, then fire me.
I am 54 years old and was hired last August and fired in January. I had a heart attack in August 1993 and recently had a scare in early December. My Doctor admitted me to the hospital for observation and I was released the following day and told not to travel for one week I informed my company exactley why the Doctor admitted me including past history. Two weeks later I was asked to resign and told that because of the stress of my job they wanted me to resign. I refused, four weeks later I was terminated. Do I have any legal recourse with this incident?
I would appreciate any comments.
1 Answer from Attorneys
Heart disease is disability
You do not say whether your heart attack occurred before or after you were hired in August. If you had had the heart attack prior to being hired and whether you were asked for a medical history or had a physical prior to being hired. If you were asked prior to being hired and you revealed your true medical history, you DO have legal recourse.Of course, if the heart attack occurred afteryou were employed, you also have legal recourse.In disability cases the complainant must show that s/he can perform the essential functions of his/her job with a reasonable accommodation.Your company obviously wanted to avoid (a) a possible increase in ita insurance premium and (b) a possible suit by you and/or your family should you fall ill on the job. But to fire you to terminate you in order to avoid (a) or (b)would be unlawful.Other questions to be answered are how many employees were in this company? Which co? What was your job? Was it a stressful job?Was there a probationary period after you were hired? Did you have a written contract of employment? Call me and we can discuss this some more.
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