What are my rights if I was asked to resign from my job today because of medical reasons?
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What are my rights if I was asked to resign from my job today because of medical reasons?
I have had 2 heart attacks over a year ago and another 1 about 2 weeks ago. I had to have a heart cathe last week and returned to work yesterday. New Link Destination
day I was called into my boss’s office and was asked to resign due to my health or they would of laid me off. Do I have a case to take to court for this?
Asked on August 27, 2015 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
To oversimplify if you could still do the job and were still doing the job, then you may not be terminated simply because you have a medical condition it is illegal employment discrimination to terminate someone because of a medical condition or disability. If you feel the termination is due only to you having had heart attacks, and not because of some performance or other issue see below, you should speak with the federal Equal Employment Opportunity Commission EEOC or your state's equal/civil rights agency about filing a complaint, and/or speak with an employment law attorney about possibly bringing a lawsuit.
However, if as a result of your heart attacks, you either--
1 Cannot do the job anymore for example, you cannot work as many hours as the job requires, or your performance has suffered and/or
2 Have used up all you PTO and/or any FMLA leave to which you may be entitled and have had unexcused absences
--then they may terminate you an employer is not required to retain a person who cannot do the job properly in this instance, they are terminating you due to performance issues, not because of the medical condition per se or to retain someone who has been absent from work without using paid time off or Family and Medical Leave Act leave.
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