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Hello, I have a question and need your advice I was hired by a temp agency to work for a mortgage loan company part time. I had no negative issues regarding my performance that I know of. I was currently diagnosed with MS. I was going through symptoms which include, dizziness, vertigo, servere fatigue, and muscle pain. I went to work as usual and was in a team meeting with 15 others on my team. The next day I get a call from my temp agency that said the company is letting me go because I “looked tired and had sleepy eyes” in the meeting the night before. I explained that I have MS and what the symptoms are, but that I was fine and after meeting went back on the floor and was perfect the rest of the shift. The agency stated they would contact the supervisor at the company and let them know to see if he would change his mind. The agency called me back and stated after letting him know my diagnoses, he said I can retrun back and that his decision stands. My question is, is that legal?
Asked on June 19, 2009 under Employment Labor Law, North Carolina
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I think you need to talk to a lawyer, because you may have a claim under the Americans With Disabilities Act ("ADA"). One place to find a qualified attorney in your area is our website: http://attorneypages.com
The ADA provides broad protection for workers who have partial disabilities, or who are or have been treated for a wide range of physical and emotional illnesses. It makes it unlawful to base an "adverse employment action" on the disability or illness, as long as you can do your job, and it even requires, in some cases, a "reasonable accommodation," that slightly changes your working conditions to make it easier for you to cope.
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