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  1. #11
    Join Date
    Jun 2006
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    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    Since it appears that he did not request an accomodation until after he had already been fired, the point I was thinking of is moot.

  2. #12
    Join Date
    Jan 2011
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    15

    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    I requested the accommodation right before I signed the termination paper. The point is I requested it they just didn't grant it, because they had already decided to fire me and I didn't change their mind by telling them about my hearing impairment.

  3. #13
    Join Date
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    Massachusetts
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    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    No, the point is that they are not required to rescind a firing they had already decided on because at the time you learn of the firing, you suddenly throw a request for accomodation at them.

    Had you asked for an accomodation BEFORE you were called into a termination meeting, it might have carried some weight.

  4. #14
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    Quote Quoting cbg
    View Post
    No, the point is that they are not required to rescind a firing they had already decided on because at the time you learn of the firing, you suddenly throw a request for accomodation at them.

    Had you asked for an accomodation BEFORE you were called into a termination meeting, it might have carried some weight.

    I agree with this , completely.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #15
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    Signing the form was a big mistake, it gives them an out they would not have had before. Kind of like a job I had once where I was laid off and had to sign a form that it wasn't age discrimination in order to get serverance. I also got all my vacation pay and UC of course.

    They wanted to get rid of you and you let them. Congrats.

    You could have had a claim under ADA and collected. You should have written superiors over that immediate supervisor and explained the hearing issue and asked for reasonable accomodation under the ADA, and repeated it with another letter, etc. You needed to create a paper trail. It would have helped if they had written you up and mentioned the hearing problem, etc.

    So, you screwed yourself.

  6. #16
    Join Date
    Jan 2011
    Posts
    15

    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    I didn't know I was going to be fired just because I was called to the office. I thought the director wanted to ask me if there was a reason I wasn't performing to their standards which had changed quite a bit. I had thought about what I could mediate over the weekend and decided I needed to tell them. This was the first opportunity I had to ask them after I got back from my days off and I took it. If the director would of listened to me and tried to accommodate me I would of performed better. The most they should of done was give me a warning or a write up. Another thing is I was one of only two males employed, and they hired a girl after this. I didn't have time to ask for the accommodation BEFORE I was called into the termination meeting I had just got to work from my days off. I told the director before the firing.They did not listen to me, they did not accommodate me and they might of fired me with out cause.

  7. #17
    Join Date
    Apr 2009
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    Somewhere near Canada
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    27,301

    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    Quote Quoting joyjoe
    View Post
    I didn't know I was going to be fired just because I was called to the office. I thought the director wanted to ask me if there was a reason I wasn't performing to their standards which had changed quite a bit. I had thought about what I could mediate over the weekend and decided I needed to tell them. This was the first opportunity I had to ask them after I got back from my days off and I took it. If the director would of listened to me and tried to accommodate me I would of performed better. The most they should of done was give me a warning or a write up. Another thing is I was one of only two males employed, and they hired a girl after this. I didn't have time to ask for the accommodation BEFORE I was called into the termination meeting I had just got to work from my days off. I told the director before the firing.They did not listen to me, they did not accommodate me and they might of fired me with out cause.
    From your posts so far...

    They didn't NEED a cause to fire you.

    They didn't NEED to issue a warning or a write-up.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
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    Default Re: Can I Be Legally Fired for Telling My Employer That I Want to Look for Another Jo

    If you knew that you were not performing to standard, and from the second sentence in your last post it appears that you did, the time to ask for an accomodation was BEFORE. Quite honestly, I'm sorry I ever raised the point because from everything you've said, it appears that Doggie's initial response was the correct one.

    The law is clear that if your performance is poor enough to warrant termination, your asking for accomodation at the termination meeting DOES NOT obligate the employer to rescind the termination and instead put an accomodation into place.

    It does not appear that your termination was "without cause" as far as the law is concerned. They have no legal obligation to give you a warning or a write up first.

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