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  1. #1
    Join Date
    Aug 2009
    Posts
    5

    Default Fired for Health Reasons

    My question involves labor and employment law for the state of: Florida

    I am a state employee and am working more peoples jobs, now that there have been so many budget cuts in my company. I have started taking a medication for anxiety disorder which my Doctor relates to stress which is related to my job. He put me on a medication which works well for me but can make me a little forgetful nothing major though. I have told my mangement this to warn them about any loopy things I might do. My quiestion is can they fire my for doing something forgetful like missing an email or not returning a phonecall even if it's the medicine that I'm taking that is making me make such mistakes?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Health Reasons

    Yes. Even under the ADA, and it is not clear whether or not the ADA applies, they are not obligated to accept sub-standard performance.

  3. #3
    Join Date
    Aug 2009
    Posts
    5

    Default Re: Fired for Health Reasons

    I'm not sure about your answer, if my condition inder the ASA is considered a disability then they are or/are not legally allowed to fire me? Second question are you a lawyer? Sorry to ask I just see you answer so many questions on this site.

    I just thought firing someone for thier disability was considered discrimination. I thought disability was included in the things they couldn't fire you for in a work at will state. I thought they had to put you for disability.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Health Reasons

    The ADA does NOT say that if you have a disabilty, you cannot be fired. A disabled employee can be fired for any reason that a non-disabled employee can be fired for - they simply cannot be fired BECAUSE they have a disability. The ADA is there to level the playing field. It does not require an employer to accept poor performance or behavior that they would not accept in a non-disabled employee - it simply requires that a disabled employee be given the same opportunities to work as a non-disabled person.

    Allowing you to make errors and not allowing non-disabled employees to do so, is discriminating against the non-disabled people.

    The following is taken directly from the EEOC website. Please note the bolded section.

    An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Fired for Health Reasons

    The ADA requires (if the ADA applies to your disability) the employer to offer a "reasonable" accommodation for you to do your job if one is required but you are still required to do your job to their satisfaction. If you can't, you can be fired the same as a non-disabled employee who does not do their job to the employer's satisfaction.

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