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I have a question regarding termination for what turned out

to be a medical emergency...
I have a question regarding termination for what turned out to be a medical emergency caused by undiagnosed diabetes.
JA: Have you documented this or discussed it with HR?
Customer: I was only on the job for thee days. I was told I was dozing off and falling asleep during one on one meetings which is not normal for anyone not dealing with something medically.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It was a full time position
JA: Anything else you want the lawyer to know before I connect you?
Customer: It turns out that I was suffering for severe fluctuations in blood sugar.
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Answered in 2 minutes by:
8/21/2017
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 38,975
Experience: 17 years practicing attorney
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

.

Can you tell me what state this is in?

.

Were you under a written fixed term employment contract?

.

What is your legal question that I can assist with?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Texas, no fixed term contract. I have 5 days to appeal and I am wondering if I have a valid reason to disagree with the termination or if they jumped the gun in termination.
Customer reply replied 3 months ago
It seems that the "dozing off" and "falling asleep" were not treated properly. I was essentially in and out of consciousness because of fluctuations in blood sugar. When I had my blood checked at the doctor's office it was 37 mg/dl. From what I understand, that is low enough to send someone into a coma or seizures.

Ok, from a purely legal perspective, unless you are a governmental employee or are under an employment contract, all employment in TX is considered "at will". What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.

.

However they can't terminate an employee because they have a disability. Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).

.

But here, I would opine that legally they weren't terminating due to a disability of health issue, it would have been based on how that condition was affecting your performance on the job.

.

While what the employer did was inequitable and unfair, I do not see it as being illegal.

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With all that said, if you were to file an appeal and explain why your performance was not up to par, and you have addressed the situation and corrected it, they may reconsider any termination.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 38,975
Experience: 17 years practicing attorney
Verified
Barrister and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Thank you.
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 38,975
38,975 Satisfied Customers
Experience: 17 years practicing attorney

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