Do I have any legal course of action after being fired from my job for having a seizure while working?
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Do I have any legal course of action after being fired from my job for having a seizure while working?
This would be the second time within 3 months that I had a seizure during work hours. Before beginning my employment I did disclose my condition with my employer and corresponding supervisors. I was working through a temp agency, this would have been my 5th month working at the same place. I was also told when I got hired that after 3 months I would receive health coverage, I
however, did not receive health coverage from my employers nor do I qualify for Medicaid.
Asked on January 30, 2017 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the seizure endangered you or other employees (including if you were driving or operating equipment at the time), or if it scared or could potentially away clients or customers (e.g. if you work in a customer service or sales or retail position, with customer contact), then yes, in that case they may be able to terminate you for having seizures at work. While an employer may not discriminate against an employee for simply having a medical condition, the employer is also not required to accept risks to other person, risks of liability from injuries resulting to either you or others from the seizure, or the risk of a loss of business. So if the seizures are having negative consequences for the employer, the termination may be legal, since it would be those impacts, not merely having the medical condition, which supported the termination. Obviously, whether the risks or impact are bad enough to justify termination is a case-by-case determination, and while they may in some instances, in others they may not. You may wish to contact the federal EEOC to discuss the matter and get the agency's input on whether termination was justified in this matter; if the agency feels it was not, they may take action on your behalf.
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