Could I Sue My Employer????????

[rsmith6621]

My job involves alot of handwritting because of a lack of automation(software and PCs) that has not been provided by the vendor we support.

I was born a Lefthander and was through ruler slaps on the back of my hand in kindergarten was reprogramed to a righthander. Last night my employer approched me and informed me that unless I take extreme corrective action to make my handwritting more legible I may either be suspended as well as terminated. They knew what my handwritting looked like on my employement application which to make legible took me three hours to complete. Mind you I have been doing this same job for 5 months but last night it is suddenly an issue.

If I am terminated could I have legitimate grounds for a discrimination lawsuit or perhaps under the Americans with Disabilitys act?


What Do You Think.....What would you do??

[Indykatie]

1. You Taking 3 Hours to Complete Application

so it would be legible is of concern to me. Is your handwriting at least as good as shown on the application? Also, if you are in an at will state they don't need a reason really unless you are in a protected class.

[Faygo Kid]

2. Doubt it.

Don't think this will meet the threshhold. Sorry; they are tough cases upon which to prevail, and your employer has offered a remedial alternative. Your best bet would be to take corrective action - and meanwhile look for another job. First, though, you need to know the expectations, and get assurances that if you meet those expectations, you will retain your job. Also, will your employer pay any related expenses? Not sure where you go for handwriting improvement. But, you may wish to consult an attorney. This is not offered as legal advice; only as opinion.

[Broke In Jersey]

3. Can you type?

If it takes you 3 hours to fill in an application, maybe a job where writing is very important to your position should be avoided. See if you can change positions within the company.

[kurth]

4. Short answer is no

Discrimination doesn't really apply in this case, since there is a clear and legitimate business need. The ADA defines "disability" as "a physical or mental impairment that substantially limits one or more of the major life activities of such individual." Bad handwriting or left-handedness probably doesn't qualify.

[unblock]

6. if it takes 3 hours to fill out an application, that's a disability

at least it would seem so to me.

assuming the ada applies, THEY have to provide "reasonable accomodation" for your disability. since their business apparently depends on good handwriting, THEY would have to provide the corrective retraining. if they are willing to pay for the training and the time, then by all means, take it.

if they are insisting that you pay for it and do it on your own time, then i would think you might have a case, though as others have pointed out, they will certainly challenge whether or not your handwriting qualifies as an ada disability.

[Name removed]

7. Deleted message

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[Nay]

5. Do you live in a right-to-work state? If so, they can fire you for any

reason other than the federally-protected reasons (race, sex, etc.)

I also am a leftie who was forced to write with my right hand as a child, and while I don't have wonderful penmanship, my handwriting is legible. You may want to look into adopting an italic-type handwriting so legibility is less of an issue. Or perhaps switching to your left hand and practicing will feel more natural to you and produce better handwriting.

What is it that you have to write each day? Why can't you write it on a laptop, typewriter, or Blackberry?

[unblock]

8. disabilities are federally protected (ada)

so right-to-work isn't much the issue here; whether or not this qualifies as a disability is more the concern.

[Nay]

11. She/he didn't say disability was a prob -- bad handwriting is.

I would naturally assume that if the bad handwriting was CAUSED by something like Parkinson's, then the OP would have said so.

[elehhhhna]

9. unless your handwriting is poor due to a disability (parkinsons, etc.)

you've got nothing -- except for a great reason to work on clearer handwriting.


Go here, find a page you can stomach, and practice your cursive! TELL the boss you're doing it--that's important. You can turn this into an opportunity to show that you're willing to take direction gracefully. Can't hurt. Might help.

http://www.google.com/search?hl=en&q=cursive+writing+lesson

[ProudDad]

10. DAMN NUNS!!

Can you switch to your natural hand?

I am naturally left-handed and due to extreme damage to my right hand using the mouse started using the mouse with my left hand. It didn't take long.

With the fuckin' Alito types getting on the courts it would take a Notarized confession of descrimination by every corporate officer in your company to even get to trial in a descrimination case.