Can I get my job back?

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Can I get my job back?

I was recently let go from my employer because I was late. I was a part of a company that was half union and the other half wasn’t. I was told by my union rep that I should see if I have sleeping disorder, to find out why I’m feeling so tired and running late for work. Come to find out I have sleep apnea. Now at the time my employer had no idea but I want to know if it was possible to get my job back? Also, this company has allowed past employees in the past with problems such as alcoholism or drug addiction keep their employment. The company just told those employees that they have to seek help and provide documentation that they are in classes and are getting the proper treatment. I believe that the same should go for me. Even though sleep apnea and being late for work, is know where near being drunk or high at work.

Asked on February 21, 2017 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, while you can't lose your job for *having* a condition, you can be terminated for your behavior at work, even if condition related. If you were late to work, you can be terminated for being late, even if it was due to having sleep apnea; it was your responsibility to manage your condition so you were not late.


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