I live in North Carolina. I have Arnold Chiari Malformation Type 1, my symptoms started to come back so I was told to be off by my doctor till December 19th, 2016. I got fired 11/18/2016 and started working around 3 weeks prior, I was fired for being a li
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I live in North Carolina. I have Arnold Chiari Malformation Type 1, my symptoms started to come back so I was told to be off by my doctor till December 19th, 2016. I got fired 11/18/2016 and started working around 3 weeks prior, I was fired for being a li
I live in North Carolina. I have Arnold Chiari Malformation Type 1, my symptoms
started to come back so I was told to be off by my doctor till December 19th,
2016. I got fired 11/18/2016 and started working around 3 weeks prior, I was
fired for being a liablity? I worked for them some during out time but no in
the warehouse to no be risky… is it legal for them to fire me? Should I ask for
a settlement when I go to get my final check and have it written up?? Help
Asked on November 21, 2016 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Contrary to common belief, you *can* be fired due to a medical condition if--
1) You missed work, even for a medical condition, without a) using earned PTO to cover the absence; b) and/or being eligible for FMLA leave and using it for the absence--but since you had only started working there 3 weeks earlier, you would not be eligible for FMLA and likely did not have PTO for any time you missed.
2) You cannot do your job, even with some "reasonable accommodation," like some change in rules or procedure or some assistive device, which change or device is not too expensive or disruptive to the employer. Examples of a reasonable accommodation include letting a person who ordinarily stands for work (like a cashier) have a stool to sit, if the work can be done sitting; letting someone with ITBS have more frequent bathroom breaks; getting an ergonomic keyboard for someone with carpal tunnel; etc. But if part of our job was working in the warehouse and you simply could not do that because it was "too risky" you could be terminated for being unable to do the job even with an accommodation.
So if either 1) or 2) apply, terminating you because of your condition is legal. If neither 1) nor 2) applied, then this may have been illegal discrimination against you due to a disability or medical condition, and may wish to contact the federal EEOC to discuss whether you have a valid complaint.
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.