Alana675 wrote:Thankyou so much for your reply Camelidae,
He has been very depressed, telling me he is a failure and will never be able to succeed at anything. They have told him they are investigating his work and will let him know what the outcome will be with his job. So far we have heard nothing. He is on ritalin, Zoloft and another psych drug, I think Buspar and was formally diagnosed with ADHD and aspergers last year. He said he told one of our supervisors but never submitted any documentation to back that up. Legally can they fire him if he has a documented disability? His performance as a social worker is wonderful, the families and patients love him. It is the paperwork trail that gets him in a serious bind. His therapist is working on the legal aspect in the event that he is fired from work. I feel so lost and unable to help, there is nothing I can say to help. This all began when we got a new supervisor, he is a hard nose and very difficult to communicate with. Before that my boyfriend was getting by with warnings and able to keep up. He is such a wonderful man, no matter what the outcome I am standing by him. I just hope he doesn't shut me out if things go badly.
Heres the only thing that can POSSIBLY help him.
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
An employer doesn't have to provide an accommodation if doing so would cause undue hardship to the employer.
Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide.
Like I said, if hes costing the business more money than hes "worth"(I mean his business worth, is he an asset to the business or a cost? again, is his paperwork issue costing the business more than he is making them? not his self-worth or personal worth), he can be terminated without violating the disability act. Now, your only hope is to figure out if the business has tried to accommodate him. If they haven't, pull that card, if they have, I'm sorry, but he's bout screwed with his employer. How exactly is the business going to accommodate his issues with paperwork? Think about it, and pitch it to the employer. If there is no reasonable means of accommodating his issue with paperwork, I'm sorry but the Disability Act isn't going to save him.