Could I Have a Case for Wrongful Termination?

Question from James, Could I Have a Case for Wrongful Termination?

Answer from AI:

If you suspect you’ve been wrongfully terminated from your job at Boeing, especially after disclosing a disability such as autism, it’s important to understand the legal framework and steps you can take to address this issue. Here’s a general guide on how to approach a potential wrongful termination case.

Understanding Wrongful Termination

Wrongful termination occurs when an employment termination breaches one or more terms of the employment contract or is in violation of employment law. This can include firing an employee for discriminatory reasons, in retaliation for the employee’s lawful actions, or in violation of labor standards.

Disability Discrimination and Reasonable Accommodation

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause significant difficulty or expense for the employer. Furthermore, the ADA prohibits discrimination against individuals with disabilities in all areas of public life, including job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Given your situation, if your termination was indeed based on your disability or the need for accommodation (such as needing clear communication due to autism), it could potentially be considered discriminatory under the ADA.

Role of the Union

Since you mentioned being a union member, your union agreement (collective bargaining agreement) likely includes specific provisions about the conditions under which an employee can be terminated, as well as the process for challenging a termination. Union rules typically provide that an employee can only be fired for “just cause,” which includes poor performance. However, the process and standards for proving poor performance must be fair and transparent.

Steps to Take

1. Review the Union Agreement: Examine your union’s collective bargaining agreement to understand the specific terms regarding termination and grievance procedures.
2. File a Grievance: If you believe that your termination violated the union agreement or was based on false allegations, you can file a grievance through your union. This is typically the first step in challenging a wrongful termination for union members.
3. Collect and Preserve Evidence: Gather any documents, emails, performance reviews, and witness statements that support your claim that the allegations against you were false and that you were meeting your job expectations.
4. Request an Accommodation: Document any requests you made for accommodations and how your employer responded to those requests.
5. Consult with an Employment Attorney: Consider consulting with an attorney who specializes in employment law. They can provide guidance specific to your case and jurisdiction.

Legal Resources and Further Reading

For more information on employment rights under the ADA, you can visit the ADA official website. Additionally, the Equal Employment Opportunity Commission (EEOC) offers resources on how to file a complaint if you believe you have been discriminated against at work.

It’s crucial to act promptly, as there are time limits for filing claims under the ADA and through union grievance procedures. Consulting with a legal professional can help clarify these timelines and ensure that your rights are fully protected.