Disability Rights

We Need Someone More Reliable — Your Disability Affects Our Business

Q: But you were still in the probationary period, so no severance is owed.

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Q: We offered you another position, but you refused.

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Recognising dismissal that is automatically unfair when rooted in disability discrimination

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The Situation

What They Said

“We need someone more reliable — your disability affects our business.”

An employer dismissed an employee, ostensibly for 'operational reasons' or 'reliability issues', but the comments made before and during the dismissal process made clear that the real reason was the employee's disability — their condition caused occasional absences or reduced output. No incapacity process was followed and no accommodation was explored.

The Fallacy

Disability-Linked Performance Is a Neutral Business Decision

When an employer's stated reason for dismissal is reliability or productivity, but the root cause is the employee's disability — and no accommodation was explored — the dismissal is not neutral. It is dismissal rooted in disability discrimination. The law classifies this as automatically unfair dismissal, and anti-discrimination legislation prohibits unfair discrimination on the grounds of disability. The employer cannot launder a discriminatory dismissal by calling it a business decision.

What the Law Says

Your Legal Foundation

Ley de Contrato de Trabajo 20.744

art. 245 de la Ley de Contrato de Trabajo — Unjustified dismissal compensation

“In cases of dismissal ordered by the employer without just cause, whether or not prior notice has been given and after the probationary period has elapsed, the employer must pay the worker compensation equivalent to one (1) month's salary for each year of service or fraction greater than three (3) months...”

Since the dismissal was based on the employee's disability, which is not just cause, the employer must pay severance under Article 245. The employee's absences or reduced output due to disability do not constitute just cause, and the employer's comments show discriminatory intent, so the dismissal is unjustified.

What Scripture Says

God's Word on This

1 Samuel 16:7 (NET)

“But the LORD said to Samuel, 'Do not look at his appearance or his stature, because I have rejected him. For the LORD does not see as man sees — man looks at the outward appearance, but the LORD looks at the heart.'”

God's standard is not external capacity but the character and worth of the person. An employer who reduces a person to their condition — and discards them for it — contradicts both this principle and the law.

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You Know the Law — But Do You Know What to Say?

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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “But you were still in the probationary period, so no severance is owed.”

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They might say: “We offered you another position, but you refused.”

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