What t do if I was fired for coming in late due to a seizure condition which was known about by my employer?

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What t do if I was fired for coming in late due to a seizure condition which was known about by my employer?

The managers and it was the because of me coming in late. I also had 2 seizures in the store while I was working. Do I have any legal foot to stand on?

Asked on December 27, 2012 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have been terminated legally. While business do need to make "reasonable" accomodations for employees with disabilities, those accomodations must allow the employee to do the job he or she was hired for; if the employer does not, he or she can be fired. Reasonable accomodations are changes to how a job is done, or the provision of some assistive technology or device; they do not include letting the employee come in late or leave early, miss work, etc. If an employee who did not have a seizure condition could have been fired for coming in late they way you did, they you could be fired, too.

However: if another employer would NOT have been fired for coming in late this way, then firing you may be illegal disability-based discrimination. If you think this may have been the case, you should either contact your state equal/civil rights agency or speak with an employment law attorney.


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