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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20400
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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can an employer fire you due to medical issues

Customer Question

can an employer fire you due to medical issues
Submitted: 8 years ago.
Category: Legal
Expert:  Marsha411JD replied 8 years ago.

If you have a condition that qualifies you under the Americans with Disabilities Act, then strictly speaking, no you cannot be terminated because of that. Also, if you are eligible for FMLA and choose to take that, you cannot be terminated because you use it. On the other hand, if the employer has an independent reason for termination based on a legitimate business reason, you may be terminated. It is all very fact specific. Is there a particular issue you want to ask about?
Customer: replied 8 years ago.
I do have medical conditions that is uder the disability act but the condition that i was currently diagnosis was Bartholin Gland Abcess in which i had a minor surgery on august 3, 2009 and again yesterday. I was scared to call out sick because of the threat to be fired. I am currently at work with severe pain and on pain medication. My supervsior and director both were laughing at my current condtion. I know this because i soon as i work towards them they both looked at me and when i walked away they started to laugh. I feel humilated by these 2 so called professional. They are always fooling around at work. I had asked for a transfer from this agency but they deied me because of my current evaluation. I feel lost and dont know what to do. I cant afford to leave work because i have to pay my bills. What should i do?
Expert:  Marsha411JD replied 8 years ago.
Hello again,

If you qualify for FMLA, you are entitled to time off under the Act if you need it to recover from an illness that limits your ability to carry out any major life functions. If you need time off to recover from your surgery, you may want to contact the HR department where you work and ask them if you can apply for FMLA time off. In addition, you may want to write a letter to the HR manager listing your concerns about how you are being treated because of your disability. You can ask them to counsel the people in your workplace who are acting unprofessionally and to consider moving either yourself or them to another work area. I would keep a copy of the letter and send it by certified mail with return receipt requested so you have a record of it. If the problems continue, I would consider filing a complaint with the EEOC based on discrimination under the ADA.