3 ms·
You should get a consult with an employment attorney in the state where your job was located, and ask if you were terminated unlawfully, what your options are,
by gnopgnip 6y ago
You should get a consult with an employment attorney in the state where your job was located, and ask if you were terminated unlawfully, what your options are, and what the realistic outcome is.
If you are a 1099 independent contractor, broadly there are no protections under the ADA. Only your contract controls what either party can do. If you have a contract that requires good cause to terminate or 30/60 day notice that could apply here.
If you are an employee, or misclassified as a contractor and should be an employee it is possible this was unlawful termination. Whether you would be an employee depends primarily on your job responsibilities, not what your employer decides. It is a fact specific matter, and being physically outside of the US, not a US citizen, not authorized to work in the US means it is most likely you were an contractor and not an employee.
It is also possible they are justified in firing you if you were an employee. Under the ADA the employer is required to make reasonable accommodations for a disability. But you need to request it. And if it creates an undue hardship for the employer, or you are no longer able to complete essential duties it is lawful to fire you.
Also the law is not always able to grant effective recourse. Even if the company fired you unlawfully or violated the contract, it can take too much time and money to prove what happened, you can't always put things back the way they were, if you win collecting on a judgement takes work too. But a lawyer can advise you of your rights, the realistic outcomes. In many cases if the company was legally in the wrong you can reach a settlement for severance, or can get help filing a complaint with the state department of labor. In most states you can get a free or low cost consultation with an employment attorney, and can contact the state bar for a referral if you don't know anyone to refer a lawyer.