Legal Question in Disability Law in Virginia

What ADA protections do I have?

I was injured on the job as a fire fighter and retired as a result of my work related injury. I have a new career and have worked for my current employer of over 3,000 people for about 5 years. For the past several months my injury has been causing me a lot of paid. This has affected my performance at work.

My boss has been telling me he has noticed my performance declining and expressed his frustration. Even though he knows I am disabled, I explained to him that I was going through a rough time physically and asked for his patience and understanding. He has continued to turn up the verbal pressure by telling me I am under performing and need to do better. My past 5 years have produced excellent work and my evals reflect this. Going to HR will only cause a retaliatory response. What can my boss do to me? Is my job in danger? How long do they have to put up with my performance decline? Any suggestions are appreciated?


Asked on 5/10/09, 2:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What ADA protections do I have?

Virginia is a so-called employment at will jurisdiction where you can be fired by your employer for almost any reason that doesn't violate federal anti-discrimination laws unless you're working under the protection of an employment contract or collective bargaining type of agreement(which seems to be rarely the case).

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Answered on 5/10/09, 11:39 pm


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