Worker can’t claim wrongful firing if health prevents her from working

On April 21, 2017, a New Hampshire federal judge ruled in the case of Wanda Duryea v. MetroCast Cablevision of New Hampshire, LLC, et al. that Wanda Duryea could not go forward to a jury on a variety of her employment disability claims related to her firing because both she and her doctor agreed that: her chronic obstructive pulmonary disease (“COPD”) precluded her from working; her COPD was not expected to improve; and Duryea could not therefore perform the essential functions of her job with or without a reasonable accommodation. This left Duryea to go to the jury on her claim of a hostile work environment due to her disabilities.

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