March 12th, 2013

Readers in Minnesota may be familiar with the Americans with Disabilities Act, a federal law that guarantees certain workplace protections to disabled employees in a business with 15 or more employees. Rather than prescribing certain mandatory employer behaviors, the ADA will examine what accommodations an employee may need to perform his or her job duties.

Yet a Minnesota worker claims that her government employer either refused to recognize her alleged case of traumatic brain injury as a disability, or failed to provide her with reasonable accommodations so that she could continue working.

The woman claims she suffered TBI as a result of a domestic assault in August 2011, experiencing symptoms of severe headaches, concentration difficulties, insomnia, and vertigo. Those symptoms interfered with her job duties as a board-certified psychiatrist. In particular, she fell behind on her written reports on patients and treatment plans.

The woman was treated at the Mayo Clinic’s Traumatic Brain Injury Clinic. The clinic cleared the woman for returning to work part time in July 2012. Several months later, the woman resumed her job on a part time basis. Within two weeks of her return, however, she alleges that she was let go. She claims that the reason offered for her wrongful termination was falling behind on her written reports the previous year.

The type of reasonable accommodation that an employer may be required to provide to disabled workers under the ADA or other laws often varies on a case-by-case basis, and may also depend on the type of disability. If you believe you were fired from your job on the basis of disability, a wrongful termination lawyer can review your case and defend your legal rights under all applicable laws.

Source: courthousenews.com, “No More Mr. Nice Guy,” March 8, 2013.

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