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Ex-employee claiming ADA Discrimination

TeresaBlankTeresaBlank 26 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
[font size="1" color="#FF0000"]LAST EDITED ON 05-22-02 AT 01:49PM (CST)[/font][p]Our small company has an employee who was discharged 6 months ago because of poor attendance (after being verbally warned once and formally written up next) who has now filed suit claiming ADA discrimination. While he mentioned that his back was occasionally sore, he never stated that he was disabled, nor did he ever ask for any type of accommodation and we never received any doctors notes or such. His job was not physical, all he did was inspect parts sitting at a table. As far as I know, he was and is able to perform all of life's "functions". Any advise on our reply?
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  • Don DDon D 9,834 Posts
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    Based on what you have said, I think your position is very defensible. I'm no lawyer, but, looks like nothing has come to your attention that might indicate ADA qualification in the first place. So you don't get blindsided, talk quickly to supervisors who worked around or with this guy to see if anything was told to or requested of THEM and perhaps overlooked and never got to you. If not, your lawyer should love this one.
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