Wrongful Termination
I was recently fired from a company. I was doing nothing of the sort. The reason they said this is because I have a rash on my arm from work. I know exactly why I have that. I have an allergy to the sandpaper, and when I itch my arms, the sandpaper dust from my gloves gets on the arm, and causes the reaction. Sanding was not the only thing I could do in the factory. What are my legal options, if any.
1 answer | asked Feb 13, 2008 12:03 PM [EST] | applies to Pennsylvania
Answers (1)
A rash is unlikely to be a 'disability' under the law.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, a rash like the one you describe is unlikely to be 'disability' under the law, so you likely do not have a disability discrimination claim. If you filed, or were going to file, a worker's compensation claim, you may have a wrongful discharge claim as it is illegal to fire an employee merely for applying for worker's comp.
Otherwise, Pennsylvania is an "employment-at-will" state, that is, either you or the employer can terminate the employment relationship at any time for any reason or nor reason. Therefore, unless you have applied for worker's comp and were fired because of it, you likely have no legal recourse.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Feb 13, 2008 12:18 PM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, a rash like the one you describe is unlikely to be 'disability' under the law, so you likely do not have a disability discrimination claim. If you filed, or were going to file, a worker's compensation claim, you may have a wrongful discharge claim as it is illegal to fire an employee merely for applying for worker's comp.
Otherwise, Pennsylvania is an "employment-at-will" state, that is, either you or the employer can terminate the employment relationship at any time for any reason or nor reason. Therefore, unless you have applied for worker's comp and were fired because of it, you likely have no legal recourse.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Feb 13, 2008 12:18 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers