Says he was fired after he told MA about a heart condition that would require accommodations due to the pandemic…
Not sure if he has a legal leg to stand on, but anyway. In 49 of the 50 states you can be fired at any time for any reason, or no reason at all, as long as you’re not fired for being a member of a protected class.
Posting this because some of us are following Mike closely at SJU.
This may be an issue of New York state law.
The ESPN story cites the Family and Medical Leave Act, which is a federal law (I have filled out boatloads of FMLA forms in my medical career). Now that I think about it, FMLA might apply here.
That could be an issue as well as ADA. The “reasonable accommodation” language makes me think ADA.
He was fired shortly after his annual performance review. If that was a negative review, without any reference to his heart condition or time off, etc, wouldn’t that take preference in the law suit? It seems like his attorney would have to prove first that he was fired due to the medical problem and not for poor on job performance, including recruiting, development, etc.?
I predict this will settle. All parties want to move on, and none want to risk an adverse verdict.
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