Legal Question in Disability Law in Virginia

Fired For Being On Disability

I had been out of work on and off for 2 months due to health reasons. My doctor suggested I take about 3 weeks off to recuperate because my job was adding to my stress. I went in and gave the disability papers to the manager. He fired me by saying that I hadnt called in correctly. I filed a grievance. They gave me my job back but I went in to look at my file and found out that the store manager had wrote to my doctor asking if the paperwork was true. I had been terminated and felt he had no right to do this. Also there were notes from others in the file saying that I had quit and I told them they knew it wasnt true. I just feel like I cannot work there because of the info in the files because I see they really dont want me to work there. Can I file suit since they have gone overboard and did things that they had no right to do such as try to get medical records when I only signed for the insurance co to access these? What is my legal recourse?


Asked on 4/24/99, 10:05 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Fired For Being On Disability

Employers are allowed to write whatever they want in personnel files provided they do not publish that information to people who have no need to know.

In the law it is called "qualified privilege."

In your case, it does not appear -- at least you have not said -- that they showed those files to anyone.

In addition, you got your job back. Do you really want to upset the proverbial applecart?

You do not say what your health problem was.

Neither do you say that some reasonable

accommodation had to be made in order for you to perform your job.

I can only assume that the time off was the only reasonable accommodation you requested and the only reasonable accommodation that was required.

Your sensitivity is another matter. Alone, without other damages, your sensitivity would not be enough to sue upon. Neither would it make sense -- from a practical point of view -- to stir up a hornet's nest.

Throughout life, there is usually lots to be upset about, but no one promised you a rose garden.

So, keep on working and laughing all the way to the bank. If you are fired down the road, you can then revisit the issue of what is in your personnel file. Right now, it would be premature.

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Answered on 5/14/99, 10:08 pm


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