Is it legal for my employer to fire me for taking medication prescribed to me by my dentist?

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Is it legal for my employer to fire me for taking medication prescribed to me by my dentist?

I have an impacted wisdom tooth. Prior to having the dental work, I needed to take antibiotics. While waiting for the antibiotics to take effect, I took the pain medication prescribed by my dentist. I work as a server at a local restaurant. I messed up a couple of plates. I was sent home and then fired.

Asked on September 26, 2011 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

An at will employee can fire an at will employee for this, any reason or even no reason at all. So unless this violated existing company policy, a union agreement, an employment contact or is the result of some form of actionable discrimination, no law has been broken.

An employer has a great deal of discretion in terms of setting the conditions of the workplace. Whole this may seem unfair to you it is not the type of discrimination that is deemed to be illegal. This action was not taken against you based on your race, religion, national origin or other classification that would put you in a legally protected class. Additionally the ADA (Americans With Disabilities Act) also does not apply to your case.


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.

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