Can I sue for being fired after having a seizure, even when the company knew that I had epilepsy before I was hired?

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Can I sue for being fired after having a seizure, even when the company knew that I had epilepsy before I was hired?

I was diagnosed with epilepsy when I was 14 years-old. I applied for a job as an administrative assistant in 2010 at 24 years old. During the interview the manager asked about any relevant health conditions. I explained my situation both on paper and verbally. He accepted it and I was hired. 1 month after beginning work I had 2 complex partial seizures at work, within 2 weeks. The manager fired me. I presented my situation to the Employment Security Commission of NC and was approved to draw unemployment benefits. Can I still sue the company for firing me for having seizures?

Asked on January 29, 2011 under Employment Labor Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

It really all depends on if you can be classified as disabled under the law becuase of your medical condition.  If you can be then you could possibly be protected by the laws that are in effect with regard thereto.  Without a doubt you were completely honest about your medical condition and you were hired in spite of it.  I think that you should consult with an attorney on the matter a soon as you can.  You seem to have done everything right here with disclosure and I think that you medical condition could be deemed a disability under the law and then you would be afforded the protections that the laws confer.  Good luck to you.


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