Get Legal Help Today
Secured with SHA-256 Encryption
Hello, I have a question and need your advice I was hired by a temp agency to work for a mortgage loan company part time. I had no negative issues regarding my performance that I know of. I was currently diagnosed with MS. I was going through symptoms which include, dizziness, vertigo, servere fatigue, and muscle pain. I went to work as usual and was in a team meeting with 15 others on my team. The next day I get a call from my temp agency that said the company is letting me go because I “looked tired and had sleepy eyes” in the meeting the night before. I explained that I have MS and what the symptoms are, but that I was fine and after meeting went back on the floor and was perfect the rest of the shift. The agency stated they would contact the supervisor at the company and let them know to see if he would change his mind. The agency called me back and stated after letting him know my diagnoses, he said I can retrun back and that his decision stands. My question is, is that legal?
Asked on June 19, 2009 under Employment Labor Law, North Carolina
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I think you need to talk to a lawyer, because you may have a claim under the Americans With Disabilities Act ("ADA"). One place to find a qualified attorney in your area is our website: http://attorneypages.com
The ADA provides broad protection for workers who have partial disabilities, or who are or have been treated for a wide range of physical and emotional illnesses. It makes it unlawful to base an "adverse employment action" on the disability or illness, as long as you can do your job, and it even requires, in some cases, a "reasonable accommodation," that slightly changes your working conditions to make it easier for you to cope.
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.