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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117359
Experience:  20+ Years of Employment Law Experience
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I had questions about termination and what rights I have.

Customer Question

Hi, I had questions about termination and what rights I have. Specifically, if I've had documented medical illness over the course of the past few months, but didn't feel comfortable disclosing that personal information to my employer or HR. I have since been terminated over the exact things I ha been struggling with as I had been working with my psychiatrist to change the medication plan I had been on previously.Do I have any rights here? Is it possible to submit any documentation from my doctor from the previous 3 months that would confirm the stresses I had been dealing with at work were in direct relation to the recent medication changes? Or at this point is it too late and I should have informed my employer earlier, as uncomfortable as it was for me to disclose this kind of information?Thanks in advance
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the law employees are protected under the Family and Medical Leave Act for taking leave if they have a medical condition and also under the Americans with Disabilities Act from job action if they have a permanent disability. However, the key to both of these laws giving employees rights and protections is that the employer must receive notice BEFORE the actions are taken against the employee. The failure to disclose the medical condition or disability in advance means that the employee cannot later come back and claim protection under those laws as the employer would not have had previous knowledge that the employee was entitled to such protection.
So, you needed to give the employer notice and you needed to provide proof to your employer of your disability or medical condition and then ask for the accommodation or assistance you needed based on your condition. If you did not do so and a job action occurred, you cannot go back after the fact to try to claim protection according to the laws I am sorry to say.
Customer: replied 1 year ago.
Is there any possible work around? That's literally the only option I have? There isn't a single thing else I can do? Anything?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Your only other option is filing for unemployment and trying to get unemployment benefits. I am afraid that your failure to avail yourself of your rights prior to action being taken against you has taken your right to now try to claim protection. The laws are there, but the courts hold that the employer needs notice in advance to be held accountable for not protecting the employee's rights.