Ottawa, KS asked in Employment Discrimination and Employment Law for Kansas

Q: I got let go while on leave after having a 2 seizures at work

I had a seizure my first week employed went 6months without one then had 2 had one with then 3 days went back with a doctor note had one that same night i went back got put on leave then i was let go havent been back. What should i do?

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: You may have a claim for disability discrimination under the Americans with Disabilities Act (ADA), but this largely depends on the required job duties for your position. To assert a successful ADA claim, you must be qualified for your job, meaning you must have been able to perform the essential functions of your job with or without a reasonable accommodation. For example, if you worked with or around heavy machinery in your job, then your seizures would have prevented you from safely performing your job when you experienced a seizure, and you would not be considered qualified for the position. If, however, you worked a largely sedentary desk job, this outcome could be different.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.