My employer let me go due to health issues and said it over a message is this discrimination of the handicapped

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My employer let me go due to health issues and said it over a message is this discrimination of the handicapped

I have diabetes and was in the
hospital for 4 days and got
release and went to go back to
work but was told it wasnt going
to work due my health.

Asked on August 3, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on:
1) When you were in the hospital for 4 days, did you miss work? And if you missed work, did you cover the absences with the use of paid time off (PTO) which you had earned, or did you use (which also means, is your employer covered by and you eligible for) FMLA leave? If you missed work, even for health reasons, without using PTO or FMLA leave, you may be terminated for excessive or unauthorized absences; there is no general right to miss work for health reasons.
2) As a result of your diabetes, can you not safely do your job (e.g. does your job involve operating heavy machinery or driving, which can be unsafe if you have diabetes)? If you can't do your job, you may be terminated.
So as you can see, there are circumtances under which diabetes or missing work for diabetes can legally lead to termination. BUT you cannot be terminated simply for having diabetes--it must be missing work or an inability to do your job; if you believe you were terminated just for having diabetes, you should speak to the federal EEOC or your state civil/equal rights agency about filing a complaint.


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