Falling asleep on the job and ADA.

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Falling asleep on the job and ADA.

I have a friend that was fired from his security job for falling asleep. He was on medication that caused this and is an ADA candidate. His physician has given documentation that the medication caused the reaction and would like to have his job reinstated. What can I tell him to do? This is in Florida and the local (Brevard County) EEOC representative dismissed his request.

Asked on June 4, 2009 under Employment Labor Law, Florida

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry to hear about your friend. The problem becomes the possibility of the situation repeating itself. I realize he may not have fallen asleep because of bad work ethic or had any control over it because of the medication. This fact does not however change the fact that as a security guard his main job is to be awake and alert and as a result of his sleeping an issue could have arisen.

The employer having fired him is not unreasonable and even with a doctors note the fact remains he fell asleep on the job. If he is off the medication he can attempt to talk to the employer and/or he can explain himself and hope for the best

Legally however it seems he might not have any real case. However I would advise contacting a local employment attorney who may be able to think of a possible loop hole that would help your friend.


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