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I was hired after clearly conveying that I did not have skill X. Within 24 hours of my requesting accommodation for disability, I was terminated on the claim that skill X was essential to my job, and I was not competent in X.

How kosher (or not kosher) does this look?


marked as duplicate by Wesley Long, JB King, gnat, jcmeloni, mhoran_psprep May 4 '14 at 16:28

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    How is this different than the previous question you asked? In a way, it seems like you are really bitter though I also wonder how well do you understand the concept of a scapegoat. – JB King May 4 '14 at 1:19

I'm not a lawyer, and it would depend on your jurisdiction, but...

If you represented yourself accurately and fairly, and presuming you have signed an employment contract, the minute you turn up for work the first day that contract is binding. To terminate you they would have to show good cause, such as poor performance etc.

They had every opportunity to vet your skills before hiring you. Find a good lawyer.

I personally would find it offensive, as would any court of law, if they terminsted you because someone higher up discovered you had a disability. You may consider playing that card.

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    It definitely depends on the jurisdiction. In some places, employers can get rid of employees without the need to show just cause. Although employees may have a legal case if there's provable ill cause, but going from OP's previous question, I'd say that's not the case. – Dukeling May 4 '14 at 3:14

I believe below points helps you to deal with your situation

The main objective of any organization is to complete the project with in budget, with in defined time line with define quality. But we are not in ideal world, so many times due to so many reasons the project progress may lag and still dead lines won’t move and extra funds doesn’t come. So the client management still has to achieve the same dead line. At such situation it is more common the project demands more hours and extra miles from the team. It is more common thing in IT world due to competition and dynamic nature. So Organizations expects flexibility and willingness to take extra mile when it is required. It is more common and reasonable expectation from management. Some Organization set this expectation and checks candidate comfortability at the time of Interview itself. But some don’t do that but still carries same expectations. Since you showed your willingness to learn new technology, the recruiter might have taken that as flexibility to wards working hours itself. So they might place into the project.

Honestly speaking there are highs and lows in IT working hours. When project requires we need to stretch ourselves and work long hours. How long is purely depend on how much project lags and till project come on track. what I mean on track is project will safely delivered with in budget, with in time line and with accepted quality with out any additional hours from team. Some times at certain phases of the project you might end up with spending less than normal work hours. It is most common thing in IT field. In my experience I have seen most of the IT professionals used to it and take this as daily part of their life including myself.

The main concern of the client in your case is not showing flexibility where as others might have shown. That is biggest concern. Even if I am in client situation i would also concern much about it. I believe you missed below points before negotiation
- You should have checked and understand the project situation to assess whether you are in a position to negotiate or not.
- You should have checked with your competitors and other of your team members how they are reacting with such demands.

Now what?
For this problem you can do 2 things.
1. Go to the recruiter and client talk once and accept their demand and continue with that job.
2. Move on and look for new job.

But In a long term either you be prepared to work for long hours when situation arises or bring your disability at the time of interview itself. I believe carrying this disability potentially hurts your chances of getting offer.

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