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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118243
Experience:  20+ Years of Employment Law Experience
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While having an anaphalactic reaction to antibiotic my job

Customer Question

while having an anaphalactic reaction to antibiotic my job gave me an evalutation that i failed, i was sent home sick the same time and the next day went to an urgent care center and was treated for icreased illness { hives} related to the allergic reaction, cindicating to reaction was becoming more serve- upon returning to work i was writen up and suspended for failing and evaluation taken during this occurance, i need legal advise
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months 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.
If you were terminated based on some type of permanent disability then you have protection under the Americans with Disabilities Act. If you were sent home because of the reaction, then this leave should also have been covered under the Family and Medical Leave Act as well. So at this point you need to file a complaint with the employer first informing them of the situation and that you are entitled to be protected from retaliation under FMLA for a qualified medical condition and taking leave and that this evaluation was a result of a condition qualifying for such leave and their penalizing you is retaliation. If they refuse to reconsider, then your next step is to file a complaint with the US Department of Labor, as they handle FMLA complaints and if they cannot resolve the matter, then you would have a right to sue the employer and prove they retaliated against you when you had to take off based on a qualified medical condition.
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Customer: replied 10 months ago.
My question is pertaining to the write up and suspension not medical leave.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
I knew exactly what your question was and I provided you the only way you could attack the write up and suspension, arguing that they retaliated against you for having a condition that required leave and instead of giving you the leave as required they punished you for having the reaction. Other than that argument, the discipline of employees is solely up to the employer's discretion, so you have to argue it based on the arguments I provided above or you have no real complaint other than appealing to the common sense of the employer and then the reversal is at their discretion.