Can I be fired for being diagnosed with a condition my employer says they can no longer accommodate?

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Can I be fired for being diagnosed with a condition my employer says they can no longer accommodate?

I’ve been working for the same employer for almost 4 years now. Last year, I was diagnosed with Fibromyalgia. My doctor sent my HR dept a list of restrictions to help me not work myself to complete exhaustion and pain. My HR says they can no longer accommodate me in my current position, nor do they have any open that will. Do I have any rights? They have been writing me up for calling out sick, and pressuring me to go on disability. I am supremely overwhelmed and emotionally and mentally distressed, which aggravates my condition. I need to keep my job because I need the benefits.

Asked on September 28, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Take a deep breath first.  Things are not as bad as they may seem. You might want to cotanct a disability attorney in your area.  It is my understanding that Fibromyalgia is a protected disability under the Americans with Disabilities Act so you may indeed have many rights here that you are not aware of.  I can understand your hesitantcy to go on disability here as many disability carriers can give you a hard time with everything.  But you can also qualify for Social Security Disabaility benefits you just would have to secure your health insurance concerns.  So go and seek counseling on  all your options.  Do not let this worsen your condition.  Good luck.


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