Can you gainfully employ a person for more than 20 years knowing that they are illiterate and then give them 5 months to learn to read and write before termination? The employer is a roofing company. Something about this sounds wrong and i was hoping to get some legal insight on this situation... any input as long as its not rude or insensitive is greatly appreciated.
Update:The state of employment is florida.
Copyright © 2025 Q2A.ES - All rights reserved.
Answers & Comments
Verified answer
Considering you have been employed with the same employer for more than 20 years, it is apparent that your employer was fully aware that you could not read and write in the english language. In addition, the employer has not given ample time for you to learn to read and write in english. Also, your ability to read and write in english would have to result in undue hardship to your employer. Therefore, it will be nearly impossible for your employer to demonstrate that the lack of your ability to read and write the english language after over 20 years of employment is now causing an undue hardship.
Also, as you mentioned you are employed with a roofing company, what has changed since you were originally hired over 20 years ago that requires you to be fluent in reading and writing in english?
Did your employer give you formal documentation in writing that your employment will be terminated if you are unable to read and write in english? If the information was conveyed verbally and not in writing it is to your advantage. I am sure that you would like to continue your employment with your current employer. However, I can assure you that if you were terminated for failure to comply with their request, you would be found eligible to collect unemployment benefits.
Based on the information that you provided in your question, this is all of the information I am able to provide you with at this time. If you would like to add the state in which you are employed under additional details, I would be more than happy to review any state laws that may protect you with respect to your situation, as this particular disability does not fall under the Americans With Disabilities Act. However, it may be covered by the EEOC, which I would need the state in which you are employed to determine.
I hope this information has been helpful.
Best wishes.
Well, I'm no lawyer but shouldn't the ability to read and write be required in any job field? It seems a bit harsh to put a time limit on it though. I mean, five months! That might be a problem. But if the person is good at his (her) job they shouldn't be terminated because they can't do something. They've made it 20 years not knowing how to read or write. That's just what I think. I don't know if this answered your question though.
^_^
Wow.
First - I'm not a lawyer and you need to consult one.
My gut feeling is that no, the company can't do that. If this person was successfully fulfilling the job requirements for 20 years w/o being able to read/write - they still are able to . . .
It sounds like the company has decided to get rid of this person and is grasping at a reason.
Best of luck to your friend. And it wouldn't hurt them to learn - but who needs that much pressure!!!
Contact a lawyer or someone who knows about this stuff Immediately!!!!! This does sound like a lawsuit just waiting to happen. Speak to someone who can actually take some legal action or can give you the best legal advice. You could also have this person learn to read. 5 months should give this person plenty of time to save his job and hopefully stick it to his employers.
Some states have work at will. What that mean is an employer can hire and fire anyone at any time for any reason. Some place's have unions that the person can talk to about the problem.
They have to have a reason for you to learn to read and write. Does your job now require you to read and write? They also have to give you more time than that. But no, they cannot fire you.
you have to look at your states disblity rules at the department of labor and see if this person can get covered under something