What to do if I was just hospitalized for a bad episode of epilepsy and my employer is saying that I cannot return to work unless I have no restrictions?

UPDATED: Dec 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 28, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was just hospitalized for a bad episode of epilepsy and my employer is saying that I cannot return to work unless I have no restrictions?

I have a restriction of not climbing ladders. My employer says they will then have to let me go. Can they do this?

Asked on December 28, 2011 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on your job. A company must make "reasonable accomodations" for employees with disabilities. A reasonable accomodation is a modification of duties or process, or the provision of assistive technology, which is not too costly or disruptive to the employer. For example, a visually impaired employee could be given a computer screen that magnifies words or voice-recognition software; a lobby security guard who cannot stand for prolonged periods might be allowed to sit.

If  your job requires you to climb ladders and you cannot do the job without climbing ladders, they would seem to be able to terminate you--an employer is not required to retain an employee who cannot do the job for which he/she is hired. If climbing ladders is not a part of your job, or is easily circumvented or gotten around, however, then it would seem that they cannot terminate you for not climbing; in this event, if they do terminate you, they may have committed illegal discrimination against the disabled, and you should consult 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption