What t do if I was fired for coming in late due to a seizure condition which was known about by my employer?

UPDATED: Dec 27, 2012

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What t do if I was fired for coming in late due to a seizure condition which was known about by my employer?

The managers and it was the because of me coming in late. I also had 2 seizures in the store while I was working. Do I have any legal foot to stand on?

Asked on December 27, 2012 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have been terminated legally. While business do need to make "reasonable" accomodations for employees with disabilities, those accomodations must allow the employee to do the job he or she was hired for; if the employer does not, he or she can be fired. Reasonable accomodations are changes to how a job is done, or the provision of some assistive technology or device; they do not include letting the employee come in late or leave early, miss work, etc. If an employee who did not have a seizure condition could have been fired for coming in late they way you did, they you could be fired, too.

However: if another employer would NOT have been fired for coming in late this way, then firing you may be illegal disability-based discrimination. If you think this may have been the case, you should either contact your state equal/civil rights agency or speak with an employment law attorney.

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 AttorneyPages.com 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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