Q: How can I bring a case of being wrongfully terminated based on medical discrimination.
I was released from my job after 3 years and 3 months After a few days without any warning I was brought into the office. In my first meeting ever held with the supervisor and HR my medical condition was asked and I stated my condition which the company knew of for many years. In which they negated my diabetic condition with out giving me any options or any warnings . They stated That I was nodding off in the office which gave them reason in which Resulted in my termination as well as my eligibility for unemployment benefits.
A: Contact for a consultation to determine your rights. Did you ask for an accommodation? It’s unlawful to terminate an employee if they have a disability or a perceived disability under the ADA and NY laws.
A:
It depends on the facts.
How was your performance overall during those years?
Were you on notice?
What actions did you take?
What did you disclose to your employer?
An employer can not assume that you have some medical condition nor can it force you to ask for an accommodation. You have to start the process and then it has to engage in it with you.
Spend a couple hours discussing details with a skilled employment lawyer. These are usually not do it yourself cases and good luck.
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