Seeking legal action against former employer.

UPDATED: Oct 1, 2022

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Seeking legal action against former employer.

Yesterday I was terminated from my job for nodding
off. I went to the doctor the same day and it turns out
I have a kidney infection where fatigue/lethargy is a
symptom. I understand Georgia is a right to work
state, but I thought there were laws protecting
employees from being terminated when they are
sick. If I cant do anything thats alright, but if I can, I
would like to know my options. Im a single mother of
a toddler and I need some advice

Asked on July 27, 2018 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can be terminated while sick. You may not be terminated simply because you are sick. But you can be terminated for behavior at work which would lead to termination, such as falling asleep at work, even if the cause of the behavior was traceable to an illness, except if you had given your employer notice of a medical condition, asked for an accommodation for it, and the requested accommodation was reasonable. In this situation, since generally it is not reasonable to sleep or nod off at work and you had not asked for an accomodation, the termination was most likely legal, though you could certainly try contacting the EEOC and asking them if this seems to be disability (medical condition-based) discrimination--calling the EEOC is free, so it costs you nothing to see if they feel you have a case and can help you.

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 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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