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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I was terminated under dr. care. I had a bacterial infection

Customer Question

I was terminated under dr. care. I had a bacterial infection called Cedef, I was very sick. I could not make it to an Health advocate coarse and I told the lady there I could not make it and she said that I could reschedule but I was ter minated by a letter thru fedex. I was there for ten years.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you. I recently had a relative that was very sick with the same illness - it is very serious and I hope that you make a full recovery in short order.

As to the situation, employees are protected under the Civil Rights Act, by way of the Americans with Disabilities Act (ADA) from being discriminated against based on a medical disability. A medical disability is a loose term, but in short, it means anything that prevents a person form performing one or more life duties. Cedef would definitely fall into that category.

Since you were terminated by your employer and they had full knowledge of your illness, they have violated your ADA rights, unless they tried to make reasonable accommodations for you and they can demonstrate that those accommodations did not work. I have a feeling that is not the case.

This means that you have a very viable claim against the employer through the EEOC. As such, I suggest that you contact the EEOC as soon as possible about filing a complaint for unlawful termination in view of the ADA. They will review your case and likely allow you to file suit in federal court against the employer for damages and attorney fees based on the actions of the employer in violation of your rights.

Let me know if you have any other questions.

Please also rate my work positively.

Thanks and Best wishes!