Let go from a job due to medical issue

UPDATED: Sep 30, 2022

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Let go from a job due to medical issue

My husband is a diabetic, he was recently working at a job via a temporary service the job was a contract to hire position. He had an issue with low blood sugar and the employer assumed he was under the influence. He explained to his employer that he is a diabetic and is having a low blood sugar episode and that he needed to get his blood sugar elevated. The employer would not believe him and escorted him out of the building and informed the temporary agency that he was not to return even after the temporary agency confirmed with the employer that yes he is a diabetic and no he was not under the influence. Was this a wrongful termination and does he have a case here or not?

Asked on January 20, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It may well be a wrongful termination and disability-based or -related discrimination: employers are not allowed to discriminate against employees due to medical conditions, and must make reasonable accommodations to their conditions. There are some exceptions:
1) If this happened several times, so that your husband was obviously not managing his condition effectively, he could be let go for his failure to manage his medical condition, leading to incidents at work.
2) If his position was one where an impairment of thinking, judgment, attenton, etc. could be hazardous (e.g. he is an equipment operator or driver), they could terminate him because they are not required to take that risk.
But if this is not 1) or 2) above, he may have a viable claim for employer-related discrimination, and should contact the federal EEOC to see about filing a complaint.

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