Disability Rights

You Cannot Do the Job Anymore — We Are Letting You Go

Understanding your right to reasonable accommodation before an employer can dismiss you for a disability

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What They Said

“You cannot do the job anymore — we are letting you go.”
An employee developed a chronic health condition — such as epilepsy, a back injury, or diabetes — that affects their ability to perform some aspects of their job. Without investigating reasonable accommodations, consulting the employee, or following an incapacity process, the employer issued a dismissal letter citing the employee's inability to perform their duties.

Inability to Perform All Duties Justifies Immediate Dismissal

Employment law in many jurisdictions distinguishes between dismissal for poor performance and dismissal for incapacity due to ill health or disability. For incapacity, the employer must first investigate whether reasonable accommodation can make continued employment possible — this includes modified duties, adjusted hours, assistive equipment, or a different role. Skipping this inquiry and dismissing directly is procedurally and substantively unfair.

Your Legal Foundation

Ley de Contrato de Trabajo 20.744
“If, as a result of an accident or illness, there is a permanent reduction in the worker's work capacity and the worker is not able to perform the tasks previously performed, the employer must assign other tasks that the worker can perform without a reduction in remuneration.”
The employer dismissed the employee without first exploring whether other tasks could be assigned, despite the employee's chronic condition causing a permanent reduction in capacity. This violates Article 212, which requires reassignment to suitable tasks without pay reduction, unless the employer can prove impossibility not attributable to it.

God's Word on This

Romans 15:1 (NET)
“But we who are strong ought to bear with the weaknesses of those who are not strong, and not please ourselves.”
The ethic of accommodation — adjusting to support those who face additional challenges — is not foreign to faith. Employers who refuse to make any adjustment for a disabled employee, when adjustment is possible and reasonable, abandon both the spirit of the law and this moral standard.
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Common Counter-Arguments

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

They might say: “We don't have any other jobs that you can do, so we are not required to keep you.”
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They might say: “Your condition is not permanent, so Article 212 does not apply.”
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