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Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience:  Review contracts for major corporations
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can i be fired for having to use Butrans Patches for my Fi

Resolved Question:

can i be fired for having to use Butrans Patches for my Fibromyalgia?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Jack R. replied 1 year ago.

-Could you explain your situation a little more?

 

Were the patches prescribed by a physician ?

Were the patches legally obtained

Do the patches impair your ability to do your job

 

Thank you .

Customer: replied 1 year ago.
It was prescribed by a doctor. No it has not impaired my ability to do my job. I purchased the patches at my pharmacy. I have Fibromyalga, Celia Disease & IBS, which of course brings on the depression. I also take Cymbalta for the Fibromyalgia.
Expert:  Jack R. replied 1 year ago.

Being terminated for a disability or tis case taking prescribed medication for a disability may violate both federal and State law.

 

If your employer has 15 employees or more his conduct may be in violation of the Americans With Disabilities Act (ADA).

 

The act prohibits private employers from discriminating against qualified individuals with disabilities in job, hiring, firing, and in other aspects of employment. Under the ADA an individual with a disability is a person who:

  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

An employer is required to make a reasonable accommodation to employee if it would not impose an "undue hardship" on the operation of the employer's business. Allowing you to take medication is such an accommodation if it does not impair your performance on the job

 

Utah also has laws that may protect you from being fired because of a disability. The Utah Anti discrimination Act of 1965, Utah Code Title 34 A chapter prohibits employment discrimination on disability as well as the other typical factors. The number of employees may not be a factor under state law.

 

The Utah Anti discrimination & Labor Division's Employment Discrimination section of the Utah labor department is empowered enforce the anti discrimination laws both federal and state. You should contact their office to file a complaint against your employer.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
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