What can I do if I was laid off from my job because someone said I can’t hear well enough to do my job but that’s not true?

UPDATED: Jul 22, 2015

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What can I do if I was laid off from my job because someone said I can’t hear well enough to do my job but that’s not true?

Just hearsay, no evidence of there being a problem. Is there anything I can do? They will not tell me who made this statement or show me proof that there was a problem. I do have a hearing problem but I wear a hearing aid?

Asked on July 22, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You're focusing on the wrong issue here--it's irrelevant who made the remark. What is relevant is: can you do your job? Either as is, or with some "reasonable accomodation" by your employer, such as getting you software to transliterate voice mail to text, or a phone with better amplification (if you needed either). If you can do your job, either without any accommodation or with a reasonable accommodation, but nonetheless, you were fired for having a hearing problem, then this may well be illegal, disability-based discrimination, and you may have a legal claim for compensation. If you think this was the case, you should contract the federal EEOC or your state's equal/civil rights agency to file a complaint.

If you can't do the job, however, even with some reasonable accommodation, then your employer could terminate you: the law does not require employers to keep employees who cannot do their jobs.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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