How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30382
Experience:  Former judicial law clerk, lawyer
Type Your Employment Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I was terminated because I was video taped sleeping at my

Customer Question

I was terminated because I was video taped sleeping at my desk. The tape was submitted by a hourly employee I had cited because for attendance problems. I am a diabetic with severe neurophy. I am also injured by vandals attempting to enter my home. The left arm is damaged, with no insurance, my concerns are depressing can any help?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. You have the ability to go to your doctor and have him write a note to your employer, explaining the nature of your condition. You can submit that along with a note requesting a reasonable accommodation due to your disability. That could mean allowing you to take breaks as needed outside your work station, or allowing you to make up missed time after your normally scheduled hours, giving you a reduced schedule if you're too tired to work your full shift, and things like that. Think about what your employer could do to help you avoid a situation where you wind up having to sleep at your desk OR think of a way they could accommodate you with a different schedule or any other way. If you can come up with a reasonable request, and back it up with a doctor's note, the law requires them to accommodate you. The fact that the recording was made by someone who had a beef against you fortunately isn't relevant because you really were sleeping at your desk. So the best option for keeping your job will be to show the employer that this happened because of a medical condition and ask them to work with you, as required by the Americans with Disabilities Act. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
my doctor has explained my condition to my employer. They knew in advance I had medical concern, list of drugs I take and a letter of explanation to Sedgwick (FLMA). This alone was accompanied that I am 65 years old, wife is 62, losing medical protection could lead to our death. Otherwise, I'd leave the place without complaint.
Expert:  Lucy, Esq. replied 1 year ago.
It's not enough that they're aware of the condition. You need to submit a written request for a reasonable accommodation if you want to be allowed to sleep at your desk. That's separate from FMLA. What they're going to say is that if you weren't feeling well, you should've taken FMLA and left. So you have to have something in writing asking for that accommodation to avoid discipline.
Customer: replied 1 year ago.
I mentioned I have had my doctor send them a request for accomindation last year. It lasted a full year.
Customer: replied 1 year ago.
The sleep was random and uncontrolled. How can the company use a piece of video when its rule clearly forbid the attempt and is posted at every entrance.
Customer: replied 1 year ago.
I am clearly dissatisfied with you answer, but that's just me depressed. I don't have any more money so thanks anyway.
Expert:  Lucy, Esq. replied 1 year ago.
Since you have indicated an unwillingness to pay me for my time, I'm afraid I'm not going to be able to address those last few comments. Experts are only paid when customers leave a posiitve rating, which is why we have an honor system. This is not a free service. I can no more afford to work without pay than you can. Have a good day.