Can my husband be fired for having an anxiety attack?

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Can my husband be fired for having an anxiety attack?

My husband has severe anxiety that causes him to pass out if he doesn’t take his medication, yesterdy he forgot to take it with him to work. He just started this job this week so he is on However, he had an anxiety attack near the end of his shift, EMS was called because he passed out and his supervisor told him that he would be notified whether he could come back or not. Can they

terminate him for something like this?

Asked on January 25, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he may be terminated not for having an anxiety condition, but for failing to take his medication and passing out at work, which is very distruptive to the employer (work disrupted by having an employee pass out, by having EMS respond, etc.). An employee may be terminated for what he does at work when that is at least in part under his control (i.e. the failure to take medication), even if there is some underlying medical cause. For example, a drug addict or alcoholic, who has a medical condition (an addiction) can be terminated if he drinks/takes drugs at work or is impaired at work. Similarly, someone with a medical condition which can be managed but who fails to do so can be terminated for disrupting work due to it.


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