Re: Fired for Health Reasons
Yes. Even under the ADA, and it is not clear whether or not the ADA applies, they are not obligated to accept sub-standard performance.
Re: Fired for Health Reasons
I'm not sure about your answer, if my condition inder the ASA is considered a disability then they are or/are not legally allowed to fire me? Second question are you a lawyer? Sorry to ask I just see you answer so many questions on this site.
I just thought firing someone for thier disability was considered discrimination. I thought disability was included in the things they couldn't fire you for in a work at will state. I thought they had to put you for disability.
Re: Fired for Health Reasons
The ADA does NOT say that if you have a disabilty, you cannot be fired. A disabled employee can be fired for any reason that a non-disabled employee can be fired for - they simply cannot be fired BECAUSE they have a disability. The ADA is there to level the playing field. It does not require an employer to accept poor performance or behavior that they would not accept in a non-disabled employee - it simply requires that a disabled employee be given the same opportunities to work as a non-disabled person.
Allowing you to make errors and not allowing non-disabled employees to do so, is discriminating against the non-disabled people.
The following is taken directly from the EEOC website. Please note the bolded section.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
Re: Fired for Health Reasons
The ADA requires (if the ADA applies to your disability) the employer to offer a "reasonable" accommodation for you to do your job if one is required but you are still required to do your job to their satisfaction. If you can't, you can be fired the same as a non-disabled employee who does not do their job to the employer's satisfaction.