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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I was fired to tell supervision that I was going home sick.

Customer Question

I was fired for failing to tell supervision that I was going home sick. They are accusing me of job abAndonment. I am a heart transplant. Sometimes I become dizzy or disoriented from the many medicines I take. Can you help me?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. I am a licensed New Jersey professional and will do my best to assist you with your concerns.

I can try to help but I am not sure as to how I can assist you. Was the employer aware of your condition? Were you ever on FMLA or medical leave? How long were you employed with this company, and were you employed full-time or part-time? And just to be clear, you did leave and you did not tell anyone?

Customer: replied 1 year ago.
I was overcome with dizziness and began to hyperventilate. The employer is very aware of my condition. I could not find someone to tell that I was leaving.
Expert:  Dimitry K., Esq. replied 1 year ago.


How long were you employed there? Did you ever request special accommodations?

Customer: replied 1 year ago.
I was emplyed for 20 years. I had to be transferrred because a store I was assigned to was under construction. I work in a union shop UFCW 1360. On occasion I had to leave because of gas or chemicals present.
Expert:  Dimitry K., Esq. replied 1 year ago.


Did you ever request special accommodation? Please answer my questions...I am not asking them purely to show interest, your answers matter as they can affect my response which so far does not look favorable to you, and I am therefore trying to see if any favorable facts to you may exist. Please advise.

Customer: replied 1 year ago.
I have asked for special accommodation when I was exposed to materials hazardous to me.
Expert:  Dimitry K., Esq. replied 1 year ago.


That does not relate to your claim that you needed potential extra care over the fact that you are someone with a transplant and may become dizzy and disoriented. Therefore that issue that you asked for accommodation is not in any way related to you leaving work early.

The answer I will provide will not be favorable so I ask that you do not blame the messenger. Leaving work without telling your supervisor, regardless of cause, is indeed job abandonment. Since you left work without permission, you abandoned your post and the employer can legally terminate you 'for cause' for doing so. This is what you have done based on your facts and your admission.

As far as your special needs, I was hoping that the A.D.A. (Americans With Disabilities Act) would help, but in this case it is not an issue. The ADA comes into play when an employee is known to have a disability or impairment, and the employer is able to make reasonable accommodations. In addition the employer cannot generally terminate, demote, or treat an employee adversely solely due to this disability or impairment. But the law does not protect without cost--the ADA requires that the employee is able to perform his or her work at the same level of competency as someone who is not disabled. Since someone non-disabled is expected to be at work and perform, same goes for you. And regardless of whether or not the employer knew of your issue, if you left without obtaining permission, the ADA no longer covers you.

I do apologize but based on your facts this termination appears to be valid.


Dimitry, Esq.