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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57722
Experience:  Licensed attorney helping employers and employees.
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I had a problem at work with focus and coordination. I

Customer Question

I had a problem at work with focus and coordination. I sought medical help, was tested, and found out that I suffered from severe sleep apnea. I have been using a cpap at night for treatment since my diagnosis in June. Before seeking medical attention, not realizing what was going on, this condition affected my work performance. Can an employer use this against an employee? Can an employer use the poor performance of the employee prior to the employee getting diagnosed and treated against them?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

No the employer cannot. It is a textbook case of retaliation and employee may pursue a claim.

Expert:  Infolawyer replied 1 year ago.

It often is first pursued with HR directly by employee or by a lawyer before considering more serious steps such as labor board, eeoc, and court action.

Expert:  Infolawyer replied 1 year ago.

Make sure to have documents and records to confirm the chronology of events in a clear fashion. Kindly let me know if the answer is fast and clear.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.