Ask the Experts

Fired! What Are My Options?

“I was fired from my job because my boss said I wasn’t a team player. I was diagnosed with ADHD several years ago, and I got accommodations to help me stay on task, including an office away from workplace noise. I have met all my deadlines. Can I dispute his decision?”

You may have legal recourse, depending upon the workplace accommodations that you asked for and the extent to which they were provided.

If the accommodations involved sharpening your social skills with superiors and/or coworkers, they are relevant to the reason your employer is firing you. Point out that, as you worked to stay on task, it affected your ability to work well with others.

It would help your case if you have documentation from your doctor that details your social skills challenges. Also, did your employer warn you about not working well with others, so that you could tell your side of the story and possibly correct the problem?

Contact the U.S. Equal Employment Opportunity Commission. They will assign someone to your claim and review the situation. A finding from the EEOC may give you a basis for bringing a civil action against your employer. Another benefit: You will not be required to hire an attorney while the EEOC evaluates your claim.

Robert M. Tudisco is a practicing attorney with ADHD. He is the executive director of the Edge Foundation, which provides specialized coaching to college students with ADHD. He is also a nationally recognized author and lecturer on special-education law.

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