Do I have a case I was wrongfully fired!
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Do I have a case I was wrongfully fired!
Upon hire my employer knew of my
medical condition and knew I could not
handle a full time schedule. They
complied at first but then later they gave
me an ultimatum to go partial or full time
I asked for 30-35 hrs a week they refused
to accommodate me. The day I got fired I
was sick and only had 9 abscess and
rule is you could miss 10 days an then
you are fired. I offered to work a half a
day they denied me and fired me. I
offered doctors notes they refused them.
Do I have a case?
Asked on May 25, 2016 under Employment Labor Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Hours are actually one of the areas where employers do *not* have to accommodate employees--that is because a reasonable accommodation is some minor change in rules/procedures which is not too disruptive, or some assistive technology which is not too expensive, which lets you to the job for all the hours the employer requires. The employer is allowed to define the hours of you job: if you can't or won't work those hours, even if the reason is due to a medical condition, they may terminate you. They do not have to let you define your own hours.
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