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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Can someone be fired if it has been determined by a Dr. they

Customer Question

Can someone be fired if it has been determined by a Dr. they had suffered a panic attack and acted inappropriately?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. If the panic attack was not caused by an underlying disability, then an employee would have no protection from adverse employment action other than those protections afforded to them through their union contract. If the panic attack was caused by an underlying disability, the employee still would not be immune from termination as having a disability does not excuse an employee from conforming to behavioral standards of their employer. However, of the employee can argue that less harsh discipline would have been imposed against a similarly situated nondisabled employee they may have recourse under the Americans with Disabilities Act which prohibits employer's from discriminatin against disabled employees. This can be difficult to show if there is not a history of similar incidents at the place of employment and proof that those similar incidents were handled differently. Still, this would be he only avenue of legal recourse outside of the rights provided through the union contract. I hope this answers your question. If I can clarify anything just let me know.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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