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Firing due to health issues


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#1 guardianangel1959

guardianangel1959

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Posted 03 March 2010 - 09:26 AM

I was hired a month ago, during the hiring process, I did reveal that I had had Pancreatic surgery two years ago and that I was on medication for this health condition.  My drug screening did show the prescribed drugs in my system, I was still hired even after all this information was revealed.  There were no further question asked.

I went off my strict diet and became sick (vomiting & diarrhea), it did affect me at work and I did need to take a couple days off to recover.  My employer asked for a "release to work" from the attending physician at the ER, which was provided.  I was cleared during this time (over a week ago) to work.  Now  I am being asked to provide a 100% clearance from my doctor stating that I am 100% cleared to work full-time and that my health condition would not interfere with my job responsibilities.

Bty, when I am at work, I perform my duties above and beyond the call of duty! I am always early to work, my reports are thorough, the people I protect as a security guard are ecstatic because I am there, including the on-site building manager.  I've had rave reviews given to my boss, he in turn has acknowledged what an excellent job I am doing and to keep up the good work, rave reviews from my immediate supervisor, the building manager and from the residents that I protect.  The existing security guards (co-workers) aren't as conscientious as I am, they do not press each floor signal showing that each floor was checked during each round.  This signal goes to corporate which records that we are doing our job.   They do their job "half ass", have been put on report many times for unprofessional screw ups and yet I am the one being let go due to health conditions.  It just doesn't add up.

I was told that if I did not have the clearance from my doctor by this week I would be fired as a result.

I was hired with my employer knowing of my pre-existing health condition and they had the knowledge of the medication I was currently on.  My doctors aren't willing to give me clearance until I go through extensive testing, I need the clearance this Friday or I lose my job.  I lose my job, I go homeless!

What legal rights do I have in this situation?


#2 FindLaw_Sarah

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Posted 03 March 2010 - 10:18 AM


Thank you for posting to FindLaw Answers. It appears you are being subject to disability discrimination. Since laws vary upon jurisdiction, please provide a little more background information which includes your state. You can check FindLaw's Learn About the Law page to research different topics of law. The links below will take you to resources with in-depth discussions about disability discrimination.

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