Legal Question in Employment Law in Tennessee

Firing employees

we have an employee who is out atleast 4 days a month with migranes. This month she has been out at least 2 weeks . My boss is wanting to fire her. can he do this legally with out beinbg sued?


Asked on 9/28/01, 4:33 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Firing employees

It may be that the answer is no, the employee cannot be fired without your employer being exposed to liability. The Americans with Disabilities Act (ADA) protects individuals with disabilities from being terminated because of that disability. Since a disability is any physical or mental impairment which substantially limits a major life activity, there may be coverage. The ADA is an extremely fact intensive law and each case is individually examined. I would encourage your employer to consult with an attorney who has a significant labor and employment law practice to determine how to handle this situation.

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Answered on 11/07/01, 8:47 am


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