Legal Question in Employment Law in Michigan
Employment & Health
Is it legal for an employer to fire an employee for problems related to a health issue (physical limitations) when the employer was told by the employee about the problem before hire, and was hired with full knowledge of his/her physical limitaions, then fired after 2 years?
1 Answer from Attorneys
Re: Employment & Health
It is illegal under both US law (the Americans with Disabilities Act) and Michigan law (the Persons Withe Disabilities Civil Rights Act) to fire an employee or otherwise discriminate against an employee because they have a disability.
That is the simple answer. The more detailed answer depends on the facts of your case. The phusical limitations must qualify as a disability under the law. The person must be able to do the job even with the disability, perhaps with some sort of reasonable accommodation. The disability must have made a diference inthe decision to fire the employee.
More details are available on my website at http://www.maslaw.com or feel free to contact me directly or post more details here and I will try to be more specific.
If the employee believes that he or she was discriminated against because of a disability, the best thing to do is to make an apointment to discuss the mater in detail with an experienced employment discrimination attorney.
Best of luck to you and please let me know how this turns out.
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