Legal Question in Education Law in Missouri

Fired

I informed my empolyer I had hepatitis c And was fired less than 3 weeks later, for performance issues. I was never given any document informing me I needed to improve my performance, I fact my performance was, till the time I informed them, was considered great. What can be done about this?


Asked on 8/23/04, 12:31 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Fired

I am a little unclear as to why you posted this in the Education Law section as this is more an employment issue, but, for the sake of giving you an answer, I am going to assume that your employer is a public school district. If that is not the case, then you may need to repost your question under the Employment Law topics.

If you were an "at will" employee you can be fired at any time for any reason, or for no reason, but not for an unlawful reason. It is unlawful to fire someone for a disease or a disability. That is in violation of the ADA and the Missouri Human Rights Act.

If you were terminated for "performance" issues as a ruse, in other words, to "get around" the ADA and the MHRA, the employer will have a hard time documenting the termination. This should work in your favor.

You should immediately contact the Missouri Human Rights Commission and file an action alleging discrimination on the basis of disability. You should also contact a good employment law attorney. Your zip code places you in Webster Groves. I am not aware of many great employment firms in St. Louis, but there is an excellent one in Kansas City (Davis Ketchmark & McCreight). I would contact one of them for advice and assistance.

I hope this is helpful.

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Answered on 8/23/04, 12:40 pm


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