Does anyone know of anyone in the United States being fired

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Sweetleaf
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18 Jul 2014, 11:07 am

I think it is illegal for an employer to fire someone based on them having a diagnoses or a disorder, unless there is a legitimate reason that diagnoses interferes with their ability to do the job or would put them in danger at that particular job as far as I know. But that is not to say someone could get diagnosed with autism, mention it to their employer and be 'fired' for some other reason that may or may not be a real issue to avoid legal trouble for firing someone based on their diagnoses.


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demeus
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18 Jul 2014, 11:27 am

What discovery is really for is to find out what the other side is going to present at trial. It is the lawyer tricks that are designed to get the other side to incriminate themselves that happen at discovery that results in the finding of new information.



demeus
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18 Jul 2014, 11:30 am

For unemployment, and employer might initially try to fight the issuance of benefits but most don't continue because they are likely to lose unless it is obvious that it is the employees fault. Also, this puts most employers up for the legal costs for defending a defemation of character lawsuit. That is why employers usually will not give a direct bad reference unless the reason is obvious either.

In cases like this, the employer knows to keep quiet lest it gets some government department to question what they did. The known cost of unemployment insurance is cheaper than the cost of defending lawsuits and to them, it is the cost of business to get rid of someone they do not want on their team.



eric76
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18 Jul 2014, 11:58 am

demeus wrote:
What discovery is really for is to find out what the other side is going to present at trial. It is the lawyer tricks that are designed to get the other side to incriminate themselves that happen at discovery that results in the finding of new information.


No.

Discovery is used specifically to collect evidence that might be relevant to the lawsuit. This can happen in many forms including the collection of documents, interrogatories, depositions, and other things.



ASPartOfMe
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19 Jul 2014, 12:37 am

Yes a company can get in trouble if they directly say they are firing you because you are disabled/you disclosed. In my opinion the motive for punishing companies that state they are firing people for disclosing has nothing to do sympathy for you. Government/business regulators are punishing these companies for not knowing how or not being willing to play the game and bringing unwanted attention to the issue.

A common work around to the ADA is firing you because you are not a "team player" "work well with others". They make the case this is not discrimination but the essential job requirements in today's social media world.

In my support groups and elsewhere I have heard of several cases where this concept has been taken further and people gotten laid off because they made women uncomfortable. A company using this technique not only can get away with discrimination, but do it under the guise of preventing sexual harassment.


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adriantesq
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19 Jul 2014, 8:43 am

I can only speak from the point of view of the UK and from the point of view of only one profession within it, namely county surveying, a profession that is now defunct due to the UN making Asperger's Syndrome the internationally official name of what used to be called Autistic Psychopathy, and designating it a serious mental disease when it had never been regarded as a serious mental disease before.

That was in 1992 and I was privately diagnosed in 1994 by a consultant clinical psychiatrist commissioned by the Assistant County Surveyor who was my line manager then, the concern being that the UN's action challenged my mental competence to appear at local public inquiries as an expert professional witness and advocate of the crown. As things turned out, the psychiatrist examined and treated me using hypno-regression therapy (HRT), and declared me fit for such duties after 12 sessions of HRT.

I was therefore asked to coach and counsel colleagues who were worried that the UN's action would give rise to their losing their jobs in 1996, when a major reshuffle of local government was on the cards, and whilst I managed to salve their suicide ideations, the anxiety remained and they all accepted the voluntary redundancy deal they were offered by the government to jump ship rather than be forced to walk the plank.

I stayed on and managed to get my competence endorsed by very high officials in the legal and judicial professionals at a mock public inquiry held at a training seminar before a mixed audience of other professions engaged in local public inquiry work and continued working in the same capacity until I retired at 65 in 2010. I am now the only surviving member of the county surveyors society in the UK and have therefore acquired the internet domain name and incorporated it under the new name county surveyors society international ltd, to use as an educational platform to try to reduce the suicide ideation rates of adults and children with autism and aspergers around the world as the present rates are horrifying - adults with autism spectrum disorder are at greater risk than the rest of the population to think about committing suicide (http://www.cam.ac.uk/research/news/adul ... l-thoughts) and children with autism spectrum disorder are at three times greater risk than adults with autism spectrum disorder to contemplate or attempt suicide (http://news.psu.edu/story/267913/2013/0 ... d-attempts) which suggests that two-thirds of those kids die before reaching adulthood. From my coaching and counselling practice over the past twenty years, and my own experience of childhood, I am keenly aware that the main cause of suicide ideation in children with autism spectrum disorder is their inability to get on with compulsory education systems designed by neurotypicals for neurotypicals operated by states that are signatories to the UN charter due to complacency of politicians to the plight of these children (http://www.parentdish.co.uk/2014/07/18/ ... st-11-mps/).

I am determine that the UN action that decimated my profession will not also decimate the number of adults and children with autism spectrum disorder by forcing two-thirds of the children with it to kill themselves before reaching adulthood!


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