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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116802
Experience:  20+ Years of Employment Law Experience
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I have the following disabilities I have Postural Othostatic

Customer Question

I have the following disabilities I have Postural Othostatic Tachyardia Syndrome, Dysautonomia Syndrome, ADD, Bipolar Disorder and fibromyalgia. I have filed disability and made an attempt to work again. I also have a daughter that has medical problems as well. I disclosed all information after being offered the position. I told them before I started working that there will be days I will have to take off from work to see doctors due to my autonomic dysfunction. Also my child has to well checks and vaccines every few months. I took off a total of 4 days for appointments for either myself or my daughter. I have all doctors excuses for the days I missed. They fired me due to missing to much work? Is this wrongful termination?
Also the way I was fired or dismissed has completely embarrassed me. A non manger started to yell at me infront of other employees and in an area customers come into the store. He pointed out that I missed to many days and haven't even made a full 8 hours workday which I know is a lie. Also saying that I'm physically here but my head is not here. I worked to the best of my ability due to my disabilities and medical conditions as well as adverse effects of symptoms. I was in a car wreck in 2007 that caused me to have a concussion and memory loss over the years it has become worse. He also stated as I packed my belongings still raising his voice at me that if I wanted to sue them I can. So obviously he knows the incident that occurred is legally wrong. Can I sue someone for public humiliation? I literally left there crying I have never been so embarrassed or put down on in my whole working career.
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.
Under the Family and Medical Leave Act an employee is entitled to protection in employment only after they have worked 12 continuous months and at least 1250 hours during that time. If you had not reached that time, you had no protection under FMLA.
As far as your disabilities, if you were out of work based on YOUR disabilities and had asked for reasonable accommodations prior to your being hired, then the employer cannot fire you for exercising those accommodations. Unfortunately, you are not entitled to not go to work to take your child for well checks and vaccinations, you are expected by law and courts to do that after working hours.
Sadly, you cannot sue anyone for public humiliation, if you could there would be a lot of people standing in line at the court to sue. If he or your employer denied you reasonable accommodations for YOUR disability, then your only claim is seeking to file a complaint to the EEOC or LA Commission on Human Rights for denial of reasonable accommodation under the ADA and they have to investigate to give you a right to sue letter.

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