[smile4me2882]

My husband was fired today and we believe we may have a case for wrongful termination, but I wanted to get other's opinions.

A few months ago my husband started having a lot of difficulty focusing at work because he has a pretty severe case of adult ADD and Tourettes Syndrome (both documented with his doctors). His (then) supervisor asked him what was happening and he told him about his disorders and that he was going to seek medical help in terms of new medication, etc. He was placed on "probation" at this time. He got the new medication he needed, and all was going well. Three weeks ago this same supervisor gave him his bi-monthly review and told him he was greatly improving and they liked what they saw, and they removed him from probation.
Fast-forward to two weeks ago, and he was re-assigned to a new supervisor. This new supervisor just fired him today and would not even give him a reason... she just kept saying it was in the company's best interest to "severe ties with him." I really truly think he was fired unfairly because of his disabilities... do ADD and Tourette's have a place with the Americans with Disabilities Act if they are affecting his ability to work? Not only this... but why fire him only a couple of weeks after he got a positive review and was taken Off probation? Do they have to give a reason for firing him? Do you think we have any chance if we were to file a wrongful termination suit against this company? They did not offer any severance pay, etc.

I appreciate any answers you can give me! Thank you!

[excon]

do ADD and Tourette's have a place with the Americans with Disabilities Act?

Hello smile:

THAT is the key question. If it is, you have a case. If it isn't, you don't. None of the other issues you raise are relevant.

You can certainly visit a lawyer for an initial consultation. That shouldn't cost you anything. Plus, if you have a case, the lawyer may take it on a contingency basis. That means it won't cost you anything unless you win.

excon

[ScottGem]

Check the ADA's website or contact an attorney familiar with disability lawsuits. As excon said, the key is whether your husband's condition will be considered a disability under the act (and I think it will). I hope you have a copy of the favorable review.

[jillianleab]

Contact the EEOC. They are required to follow up on your claim, and they will be able to advise you on if your husband's condition is considered part of the protected class. A call to the EEOC will cost you nothing, in the off chance you can't find a lawyer to advise you. The problem you will have is proving his dismissal was a result of his disability; the positive review helps your case, but it still might be tough. It also depends on what state you are in; in my state (Virginia) you can be fired for any reason or no reason, as long as it's not because of race, religion, national origin, pregnancy or disability. So in my state, the employer could say, 'Well, he got a good review, but after further investigation we noticed he was 15 minutes late twice last month, so we fired him." and as long as they can prove he was late, they can get away with it. Good luck!