I was hired as a small engine mechanic for a landscape company. My first day of work they decided they were going to give me a labor position for the day pushing a lawn mower. At the end of the day I called the hiring manager and said I can't do thid type of work. I was hired as a mechanic not a laborer as I have a club foot and am disabled. The manager could not comment at the time but called me back the next day and left me a voicemail saying it was a miscommunication and they were going to fix it and get me back into work. Then they sent me an email saying they were still working something out. They now have no intentions of hiring me at all. I was not fired, did not quit and was not laid off. Is this legal? Do I have any rights in regards to what they did on my first and then the promise to fix this? Again I am disabled in my right foot/leg and they were aware I could not do prolonged labor... what should I. Do?
Submitted by Anonymous on Tue, 07/26/2011 - 15:26
At will employee
It sounds like you were hired as an at will employee and then let go almost immediately. It does not sound as though you were discriminated against because of your disability, as they hired you knowing you were disabled. As an at will employee, you can be let go for any non-discriminatory reason, subject to some public policy exceptions. If my assumptions are incorrect, and you feel you were discriminated against because of your disability, then you should discuss the matter with an employment law attorney. Good luck.