Legal Question in Disability Law in North Carolina
Have I been discriminated against for medical reasons?
Just recently I relocated to Charlotte, NC for a job. Just two weeks into my new job my boss calls me into his office to tell me that he feels I'm not performing all the duties of my job. So I asked him for my job description. Understanding that he has a personal assistant and that I was assisting him on a project, I told him that I didn't know where the line was between her job & mine. The rest of the week I worked very hard to be attentive, ask questions & do my job well. My boss however was not communicating to me but to his assistant & did not train me in any sense of the word for my job position. That week I called the company's health insurance company to verify that my pre-existing condition (Lupus & other related problems) would be covered. The following Monday morning, my third week with the company, my boss called me into his office to tell me he was going to have to let me go. He said I was jeopardizing the project. I hadn't done anything. I had barely even worked on the project. When I asked him he told me it just wasn't working out, but that he would help me find another job & would put a good word in for me. That made me question whether I was being let go because of my health problems. I then packed up my belongings & moved back to Delaware. Please tell me what you think.
2 Answers from Attorneys
Have I been discriminated against for medical reasons?
Short answer is, MAYBE.You will have to prove that the supervisor fired you because of knowing of the Lupus, and first you will have to prove that the supervisor KNEW of the Lupus.I would want to pin him down on the record as to what he knew, and then go fishing for phone records that might show an unexplained call from the insurance company, but preparing the case for trial, to even determine if you have a case to TAKE to trial, would take a good deal of time and effort, meaning you may have trouble finding an attrorney to take the case -- good luck.
Have I been discriminated against...
Possibly. However, NC is an also an employment-at-will state. Translation: you can be fired for any reason or no reason. Yow will have to investigate in order to learn just what your boss knew about your medical condition. When he learned of your condition. Based on these facts alone, I believe that you may have some difficulty locating an attorney that would handle this. Good luck.
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