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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32379
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hello, my name isXXXXX was working with PDM Steel in

Resolved Question:

Hello, my name isXXXXX was working with PDM Steel in Fresno Ca. I was fired for lack of performance after I have told my boss I was on medication for my wisdom teeth. Is there anyway I can get some help and bring this wrong to right?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

Do you have a medical condition that you disclosed to your employer and requested a reasonable accommodation? If so, what is the condition you disclosed?
Customer: replied 1 year ago.


yes. I told him that I was on pain meds and gave him the perscriptions and a note from the oral sergens office stating i was in pain because my wisdom teeth has shattered and shards of them was digging into my jaw bone. and it was only temperary and I will be better on the fallowing monday.

Expert:  Tina replied 1 year ago.
I see.

Does the employer have a policy they may have violated by terminating you for this?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

Customer: replied 1 year ago.


NO there was nothing in my Employee handbook. And Yes I believ I may have been discriminated against, due to my temporary disability; as being under the influence of pain medication, due to my shattered wisdom teeth.

Expert:  Tina replied 1 year ago.

Hello again,

Unfortunately, the condition you describe would not typically be considered a disability under the ADA since it is only a temporary condition, so the ADA would not normally protect you from termination I'm afraid.

Courts have found that even a nine month condition is temporary and not a disability providing protection under this federal statute as contemplated under the ADA.

Therefore, there would normally be no legal recourse against the employer for terminating an employee for this reason.

However, the employee would typically be entitled to unemployment benefits while they seek other employment since this would not by itself normally rise to the level of good cause to terminate an employee, so I would apply for benefits today if you have not done so already.

Here is a link to initiate a claim:

http://www.edd.ca.gov/unemployment/filing_a_claim.htm


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Thank you very much and all the best to you,

Tina

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Tina, Attorney
Satisfied Customers: 32379
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
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