Wrongfully Terminated

[worrytoomuch]

I felt that my sister (she worked as a machine operator and soldier in the state of New Hampshire) was wrongfully terminated from her current job.

My sister quit two jobs to take this one job with a better pay a little over two month ago. Here's the story before they call and make an offer on the job a month after her interview. She went for an interview with the HR and the supervisor, the supervisor thinks she's qualify for the job because of her past experiences. But, the HR personnel doesn't think my sister is qualify because of the answer my sister gave to her during the interview "What would you do if your co-worker doesn't like you?", my sister replied "I don't care, I'm here to do my work.". That is the reason why she didn't receive the call until a month later after the supervisor contact the HR personnel.

When she went for her physical with the company's nurse, my sister mentioned to the nurse that the soldier fume make her ashma worse. The nurse view her medical record from the past two years, which shows that she haven't taken any days off due to her ashma. HR personnel have her stay home without pay for two weeks before they get the final decision from the nurse. With the record history and all, they still terminated her as of today by phone.

Does she have any right to fight this. Its seem like they didn't even want to hear her parts. Just because she have mentioned that the soldier fume make her ashma worse, But, the Soldier fume is isolated in one room by itself.

Any advise would help...

Thank you

Worry too much.

[LConnell]

She may very well have a case because of her asthma. This is because of the Americans With Disabilities Act. Asthma is often considered as a disability. An employer is required to provide a reasonable accommodation for a person with asthma. Terminating the person without exploring an accommodation is illegal. You can read more about disability discrimination at: www.eeoc.gov.

[worrytoomuch]

Thank you very much for you quick respond. I will review all necessary information to see my sister through during this hard time.

Happy Holiday!

Worrytoomuch...