Q: Fired for disability-related tardiness in NC, pressured to not seek legal action

A: In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA requires an employer to provide an employee with a disability a reasonable accommodation unless that accommodation causes an undue hardship. It is possible that adjusting your time to allow you a later start time or other flexibility due to your condition is a reasonable accommodation under the ADA. If so, your employer would likely be in violation of the ADA by refusing to do that and then terminating you because you did not have the reasonable accommodation.

It is not uncommon for employers to offer severance or separation agreements to employees. Those agreements will almost always have a release of claims which prohibit you from filing most employment related claims against them. However, such agreements cannot, for the most part, prohibit an employee from certain types of benefits including unemployment. Additionally, I it surprising that an employer would say that they don't want you to consult with an attorney when most of the agreements say exact the opposite. Even so, if you have signed that agreement, it may well be enforceable and there might be nothing you can do. Whether you have signed the agreement or not, I would recommend that you consult with an experienced employment attorney to discuss your situation and to potentially discuss the agreement the employer provided to you.

A: What you've described raises serious concerns about potential disability discrimination under the Americans with Disabilities Act. When you have a documented condition like Severe Idiopathic Hypersomnia and have provided medical documentation, your employer has an obligation to engage in an interactive process to determine reasonable accommodations, which often includes modified schedules or flexible start times.

The pressure to sign a severance agreement waiving your rights to unemployment benefits or legal counsel is troubling and may itself be improper. Many employers hope that offering some money will prevent you from exercising your legal rights. You have the right to file for unemployment in North Carolina regardless of what any severance agreement states, and attempts to prevent you from seeking legal advice are highly questionable.

I strongly recommend you consult with an employment attorney who focuses on disability discrimination cases. North Carolina has a state bar referral service that can connect you with appropriate legal help. You may also want to file a complaint with the Equal Employment Opportunity Commission (EEOC), as there are strict time limits for doing so. Keep all documentation related to your medical condition, accommodations requests, performance reviews, and the severance agreement, as these will be crucial for any legal proceedings.