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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Last early December I was diagnosed with neuropathy and

Customer Question

Last early December I was diagnosed with neuropathy and prescribed medication to take three times a day to alleviate the pain and other tingling and numbing sensations in my feet. The week after I started a new position as a floater in a preschool. I had taken my medication first dose that morning with my breakfast and I was fine. I drove over to the school to begin my first day at my new position. I did not have an orientation where the job responsibilities were covered clearly. I was told that I would go from room to room for 15 minutes. I was told to go into the first room and observe and watch the other teacher and her assistant. I followed what they did and then was asked to help the children put their cots down and get ready for a nap. There was light in the room and I was fine and did not feel drowsy. Then I basically went to lunch and took my medication as prescribed by my doctor. After lunch I was led into the next room with slightly older children. All of a sudden the lights went out and I was told to sit down and I looked around and saw all of the children in cots all around me. I did not feel comfortable getting up to walk or stand because of the neuropathy and suddenly the medication must have taken effect and as I was watching the teacher hold the child, I must have dosed off. I was overtaken by the medication and was called to speak with the owner and he terminated my employment due to the fact that I dosed off in that dark room. I was unaware that I would be asked to sit in a darkened area watching the children. Had I known, I would have requested accommodations or disclosed that I could possibly fall asleep or nod off in the darkened room. I then lost my unemployment benefits for 10 weeks for moral misconduct and was told that I deliberately fell asleep and now I am trying to appeal the judge's decision on misconduct due to the fact that I was not informed. I will also be required to pay back $749 and I had only worked 6 1/2 hours my first day. The owner had stated that the day's events were explained to me and it had not been. He also said two false statements during the testimony and he said that I could have worked on some other tasks but nothing was told to me regarding that. The teachers did not inform me or communicate to me. I am trying to look up a case in which an employee won against misconduct under the circumstances of being on a newly prescribed medication and being unaware of the side effects. My doctor has written two letters or notes requesting that I should have been accommodated and that the medication would make me drowsy or very sleepy. Employment Security is stating that it was my fault and that I need to pay them back the money. They are not considering the fact that the owner had made two false statements or that under ADA laws, accommodations should have been in place and also that I should have been informed of the job requirements including being required to sit in a very dark room without windows. The judges are ignoring ADA laws and I believe that I should have had an orientation that would have enabled me to ask for accommodations under the circumstances. I also requested that the fee of $749 be reduced since I had a five year recession and also went back to school the past three to four years. It will cause me hardship.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 9 months ago.

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