Can I get my job back?

UPDATED: Sep 30, 2022

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Can I get my job back?

I was recently let go from my employer because I was late. I was a part of a company that was half union and the other half wasn’t. I was told by my union rep that I should see if I have sleeping disorder, to find out why I’m feeling so tired and running late for work. Come to find out I have sleep apnea. Now at the time my employer had no idea but I want to know if it was possible to get my job back? Also, this company has allowed past employees in the past with problems such as alcoholism or drug addiction keep their employment. The company just told those employees that they have to seek help and provide documentation that they are in classes and are getting the proper treatment. I believe that the same should go for me. Even though sleep apnea and being late for work, is know where near being drunk or high at work.

Asked on February 21, 2017 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, while you can't lose your job for *having* a condition, you can be terminated for your behavior at work, even if condition related. If you were late to work, you can be terminated for being late, even if it was due to having sleep apnea; it was your responsibility to manage your condition so you were not late.

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 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.

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