|
|
| *Ostroff, Fair and Company>>>Law & Legal |
Can you be legally fired from a job because of medical reasons? |
I have severe anxiety and cannot go places. I stay in my house most of the time except to go to work and the store. My job had a mandatory meeting 40 miles away and I did not go so I was fired. I am under a doctors care. In order to receive accommodation for any illness, an employee must go to the HR/boss with letters from the doctor which attest to the illness and formally (in writing) request a certain accommodation. That brings the issue under the Americans with Disabilities Act. In your case you needed to make arrangements for an accommodation, with the above doctors letters, prior to the mandatory meeting. If you did formally request this accommodation and the company refused to comply which got you terminated, then you could file a Complaint with the EEOC under a violation of the ADA law. The full info on ADA is at www.eeoc.gov You may want to consult a local employment law attorney to see if your circumstances warrant filing a complaint under EEOC and your state's Human Rights Dept. Source(s): Employment attorney since 1993. www.lawyer4employees.com You can be legally fired for not meeting the requirements of your job. If you have medical reasons that prevent you from being able to do certain things that you should have discussed that matter with your Risk Management person or whomever handles medical issues in your company. When you applied for the job, the application probably asked you to specify if you could provide transportation, etc. If you did not discuss difficulties with this meeting with HR prior to missing it, then they are probably within their rights. yes u can but it depends on Ur country law. i think each country hv got their separate laws My bet is that you made no effort to discuss your problem with your manager/supervisor or the HR department prior to skipping the meeting. Your medical issue is only now becoming an issue because you got terminated for not attending a mandatory meeting. If your doctor certifies that you have a disabling condition, you are entitled to protection under the Americans With Disabilities Act, or ADA. However, this protection is not carte blanche - you must still be able to meet the required performance standards of the job. For example, an airline does not have to hire someone with a fear of flying and then groudn the aircraft. If the employer can show that the meeting was an essential component of your job (or if the job requires you to travel in the normal course of your work), then it is reasonable for them to expect you to meet that requirement. If the meeting was a non-essential function, the company could be required to make a "reasonable accommodation" for your disability. Since the definition of a reasonable accommodation is pretty broad, I'd suggest consulting with an employment law specialist in your area. Good luck! |
| Tags |
| Corporations Other - Careers & Employment Technology Marketing & Sales Law & Legal Health Care Government & Non-Profit Food Service Financial Services Administrative and Office Support |
Finance Categories--Copyright/IP Policy--Contact Webmaster |