Discrimination Based on Your Disability

One of the exceptions to Texas employment at will doctrine is that you cannot discriminate against somebody based on a disability.  For example, an employee of mine named Rene was working for me and unfortunately he had to have his leg amputated below the knee.  If I would have gone ahead and fired him simply because he had his leg amputated; but he could still do the job, and he was qualified to do the job, and all I had to do was a few accommodations for him, then I would have had trouble, because I would have violated the law under the American Disabilities Act.  So, if you have a disability; it can be mental or physical, and your employer is taking action against you because of that disability, but you are still able to do the job, then you may qualify for that exception under the employment at will doctrine.  Give us a call today, and we can help you understand your rights.

Jim M. Zadeh
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Attorney at Law