Can I sue for being fired after having a seizure, even when the company knew that I had epilepsy before I was hired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.