What are my rights if I passed a physical and was hired with a medical condition but then 5 years later given another physical and let go?

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What are my rights if I passed a physical and was hired with a medical condition but then 5 years later given another physical and let go?

I passed a pre-employment physical with a pre-existing medical condition. Now,5 years later, I was given another physical and was let go because of the same condition without any changes in health. Is that legal?

Asked on August 24, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If it is the case that you cannot safely (safely for you, coworkers, customers, or anyone else) do the job due to your medical condition, then your employer may terminate you, even if they had previously let you do the job--allowing you  to do the job for five years does not preclude them from every terminating you for a legitimate reason. But if your medical condition does not render you unable to do the job, or unable to do it safely, then you may be the victim of illegal disability-based discrimination, and may wish to consult with an employment law attorney.


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