[WSBARP] Off Topic - Wrongful Termination and Disability Discrimination

[Jim Doran]

Hello multi-talented Listies:

My client was terminated after 30 years working with a company.  It is a
solid company with reserves.  The situation is not particularly good
because she never had a contract.  There is no "employee handbook" or other
material to bootstrap into a contract.  She rose through the ranks and
became the program director; top man.  The facts of her termination are
interesting and I am wondering if we can find a legal premise of
liability.  This was, of course, very disruptive to her life.

The so-called deterioration of her work performance began with a broken
back that she suffered on the job.  She worked while recovering at a
diminished level.  She recovered in a few months and was back at her
regular pace.  Then she suffered a mild heart attack, she is 60 years old,
and that reduced her capability somewhat.  As she was recovering from the
heart attack her mother died, which put her into a distressed emotional
state.

Two underlings saw the opportunity to get rid of their boss and move into
her position.  they complained to the ownership that my client was not
performing well.  Animosity developed so my client decided to work out of a
satelite office and from home.  My client insists that she performed her
job well.  She is assembling the evidence to show that in spite of the
three serious events, she still performed her duties.

The "terminable at will" status of her employment gives me grief.  So, can
we use the broken back and the heart attack as some way to show any kind of
a "disability discrimination"?  She was not certified with any disability.

Or is she without a legal remedy?

Any guidance on this would be appreciated.  If someone has a great idea we
would be willing to associate the case.  There are deep pockets.

Jim Doran


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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