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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5609
Experience:  Exclusively practice labor and employment law.
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I was fired in May 2013 after suffering a seizure and being

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I was fired in May 2013 after suffering a seizure and being hospitalized for three days. I contacted work on three occasions to let them know I wouldn't be in as the after-effect of the seizure left me dizzy, forgetful, and not able to perform the duties of my job as a preschool teacher. My employed fired me claiming I missed two consecutive days of work without notifying anyone. My employer fought my unemployment compensation claim and and the verdict from the final hearing stated that I had contacted work to let them know I wouldn't be in and that under such extreme circumstances as suffering a sudden, grand mal seizure the employer should have offered short-term disability or at least understood the seriousness of this medical event and had the foresight to hire a substitute teacher for the week I missed work. Might I have a case for wrongful termination? Thank you for your time.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your termination of employment.


From what you state in your question it sounds like you have two possible claims - Family and Medical Leave Act retaliation and Americans With Disabilities Act discrimination (FMLA and ADA). Under the FMLA you must merely give the employer notice of your unforeseen need for leave as soon as you are practically and medically able. To terminate you for not getting notice for leave requirement sooner would be a violation of the FMLA.


Likewise, I'd have to believe that your seizures have an underlying medical condition that is covered by the ADA. The employer must reasonably accommodate those with disabilities, and occasional time off is such an accommodation. Employer polices wherein a disabled person is terminated for violating attendance policies are often found discriminatory.


You have a couple options here - 1) retain a local employment attorney; 2) file charges with the Department of Labor and Equal Employment Opportunity Commission - these are the agencies responsible for enforcing the FMLA and ADA.




I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.


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