Short answer: yes, and sometimes legally. This is especially true if you do not properly document your disability and ask for a workplace accommodation.
Just because an employee has a disability does not mean they are protected from being fired. Not all firing of disable employees is disability discrimination or a wrongful termination. But if the termination is motivated by that disability or the need for a workplace accommodation, the employer may have broken the law, particularly Americans with Disabilities Act (“ADA”). The United States Court of Appeals for the Second Circuit just gave us a prime example of how this can play out in Parker v. Israel Discount Bank of New York, Inc., No. 24-688-cv, 2025 WL 1779219 (2d Cir. June 27, 2025).
Marian Parker was hired as a technology risk specialist. Early in her 90-day probationary period, she injured one of her fingers and began requesting time for occupational therapy and adjustments to how she did her work. But before her probation was over, Parker was fired. Her employer, Israel Discount Bank of New York (“IDB”), claimed the termination was solely based on her failure to meet expectations, especially a missed and flawed report submission.
That excuse, while frustrating, held up in court.
Is A Temporary Injury Considered A Disability?
Under the ADA, not every injury qualifies as a disability. To be protected, an employee must show that the impairment substantially limits one or more major life activities. In Parker’s case, the United States Court of Appeals for the Second Circuit did not decide whether her finger injury was a disability under the ADA. The Court explicitly stated it was “assuming, without deciding,” that her injury met the prima facie requirement for a disability discrimination claim under the ADA. Parker, 2025 WL 1779219.
That means the Court did not rule that Parker’s injury definitely counted as a disability—only that even if it did, she still lost her case because she could not show that the employer’s reason for firing her was a cover for discrimination.
Best Disability Discrimination At Work Lawyer Blogs on Point:
- ADA Rights: Temporary Injuries And Disability Accommodations
- ADA Rights: Temporary Injuries And Disability Accommodations
- Best Attorney Answers: Am I Disabled If I Suffer A Temporary Injury?
How Should I Ask For A Disability Accommodation At Work?
As for disability accommodations, Parker mentioned to her supervisor that she had trouble taking notes due to the injury and referenced her occupational therapy appointments. But the United States Court of Appeals for the Second Circuit did not find that these references amounted to a formal request for accommodation under the ADA. An employee does not need to use any special or magic words to ask for an accommodation, but they do need to make clear that they are requesting help to address a medical issue that is affecting their ability to do their job.
To fully protect herself under the ADA, Parker should have clearly communicated to her supervisor or Human Resources that she needed an adjustment or support due to her finger injury in order to meet her work obligations. That could include asking for a short extension of the Work Plan deadline or requesting tools to make typing or documentation easier. Connecting the injury directly to a specific request for help would have created a stronger foundation for an ADA accommodation claim. Because that did not happen, even assuming her injury was protected, her failure to make a clear and timely request weakened her case.
Best ADA Attorney Blogs on Point:
- My Job Denied My Disability Accommodation Request – What Now?
- Be Careful What You Ask For: How A Wrong ADA Accommodation Request Can Backfire
- How Much Detail Must Be In A Request For A Workplace Disability Accommodation?
- How Specific Does An Employee Need To Make A Disability Accommodation Request?
Can An Employer Fire You During Probation For Missing A Deadline?
Yes. Especially when you are in a probationary period. Many employees do not realize that a probationary period often gives employers greater flexibility to terminate without violating employment law—as long as they are not doing it because of illegal reasons like discrimination or retaliation.
In Parker’s case, her supervisor gave her a deadline of January 23, 2019 to submit the Information Security Work Plan. She missed it. In fact, she did not submit the Work Plan until February 1, over a week late. And even then, the report she turned in was full of errors. According to the record, her supervisor had repeatedly reminded her to submit it, and ultimately deemed it unacceptable.
The United States Court of Appeals for the Second Circuit held that Parker “does not point to evidence … sufficient to permit a rational factfinder to conclude that IDB’s legitimate reasons for terminating her were pretextual.” Parker, 2025 WL 1779219. In plain English: Parker had no real evidence that IDB fired her because of her finger injury. The employer gave a legitimate reason—and the employee’s performance gave them the ammunition.
If Parker had clearly requested a short extension of the Work Plan deadline because of her finger injury, and linked that request to her medical condition, the legal analysis might have shifted. A timely and specific request for accommodation can change how a termination is viewed under the ADA. By asking for a reasonable accommodation, like additional time due to limitations caused by her injury, Parker would have triggered an obligation on the part of her employer to consider that request in good faith. If IDB had then ignored or denied that request without a valid reason, Parker could have strengthened her claim that her termination was discriminatory or retaliatory. Instead, her failure to make such a clear and documented request left her legally vulnerable.
Best Wrongful Termination Law Firm Blogs on Point:
- Avoid Missed Deadlines: Win Your Wrongful Termination Case
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
- Termination For A Good Reason Can Still Be Wrongful
What Happens When Performance Problems Are Documented?
When an employer documents a performance issue—such as a missed deadline, poor-quality work, or insubordination—they strengthen their legal defense if the employee later sues for wrongful termination. In Parker’s case, her supervisor not only noted the delay in submitting the Work Plan, but also compiled specific problems with the content. The Court noted that Parker did not rebut this evidence in any meaningful way.
The Second Circuit held that “the record undisputedly shows (1) that Parker was terminated within the 90-day probationary period at IDB; (2) that Parker had a deadline of January 23, 2019 to submit to her supervisor the Information Security Work Plan … and, despite her supervisor’s multiple requests, she failed to submit the Work Plan until February 1, 2019; and (3) that her supervisor identified numerous substantive errors in the Work Plan.” Parker, 2025 WL 1779219.
That is the legal equivalent of a slam dunk for the employer. Even if the employee has a disability, the Court will not interfere when there is a clear, well-documented, legitimate reason for termination.
Can I Still Sue If I Think My Employer Was Mad About My Injury?
It is not enough to suspect that your boss was annoyed by your injury or medical appointments. Courts require actual evidence that the employer was motivated by illegal bias.
In Parker’s case, she claimed her supervisor seemed “angry” when she mentioned her injury and therapy. She also pointed out that he forwarded her email referencing the injury to Human Resources during the termination process. But the Court was not persuaded. As the United States Court of Appeals for the Second Circuit held, Parker “cannot meet her burden of showing pretext … by relying on a self-serving averment that her supervisor was ‘angry’ with her request to attend occupational therapy appointments.” Parker, 2025 WL 1779219.
If you are an employee and you feel your injury or disability played a role in your firing, you still need more than your gut feeling. You will have a better chance of protecting your rights if you document your concerns with clear, specific communications. A direct verbal statement or email to your supervisor or HR such as, “I am asking for more time to complete the report because of my finger injury and the therapy appointments I must attend,” can go a long way toward creating a record of your request for accommodation. You do not need to use legal terms or special language, but your request must be connected to your medical condition and job responsibilities. If, in response, a manager says something like, “Your appointments are becoming a problem for the team” or “This therapy is getting in the way of your work,” that may serve as potential evidence of bias. Without that kind of documentation or specific feedback, even a missed deadline during probation is enough for an employer to lawfully end your job.
What Law Firm Should I Call If I Was Wrongfully Fired For A Disability?
Looking for the best attorney when you have been wrongfully fired can feel overwhelming. But if you want the most experienced team in your corner, Spitz, The Employee’s Law Firm, is the right choice.
Spitz is one of the largest law firms in the United States dedicated exclusively to employee rights. That gives us more tools and resources than most other firms. We offer a free initial consultation and a no fee guarantee—you do not pay unless we recover money for you.
Our lawyers have the experience to take cases all the way to trial, and the track record to prove it. But what really sets us apart is how much we care. We treat every employee with the respect and attention they deserve. We fight for people who have been wrongfully fired, retaliated against, or discriminated against in the workplace.
So if you believe your rights were violated, contact Spitz, The Employee’s Law Firm today. The sooner you act, the better we can protect your rights.
Employment Lawyer Disclaimer
This ADA blog provides general information on employment law, employee rights, and the legal standards surrounding wrongful termination, disability discrimination, retaliation, and failure to accommodate. It should not be taken as legal advice. Each employee’s situation is unique, and readers should consult with a qualified employment lawyer or attorney for advice specific to their circumstances. No guarantees or promises are being made regarding potential results. This disability work accommodation blog is a legal advertisement. While it discusses key topics related to employment law, employment discrimination, employee rights, disability accommodation, wrongful termination, retaliation, and wrongful firings to help readers find reliable information when they search online for help, it is not legal advice.