Fired when you were sick?

16 Dec Fired when you were sick?

There’s nothing worse than getting fired when you are battling a health issue.

But do you know whether an employer can fire you if your illness is affecting your job performance?

In some cases, an employer can terminate an employee even if the person is suffering from a condition protected by the ADA (Americans With Disabilities Act). However, your employer can’t violate your rights. If that happens, you could have a case for wrongful termination.

You need to consider 3 things to tell if your employer violated the law.

Did you formally notify your employer about your illness?

If you took formal steps to ask for leave and other accommodations, your employer is obligated to allow you the same, if they don’t create great expense or difficulties. For example, if you asked your employer for a flexible schedule since you are experiencing morning sickness, and you are ready to make up the time you missed later in the day, it should be reasonable for your employer to grant you the same.

Were you able to perform adequately with accommodations?

Your employer is under no obligation to retain you if your performance at work falls below acceptable levels, even with accommodations.

For example, if you repeatedly miss work and don’t inform your employer of your absence, and you had been allowed accommodations for your sickness, your work and the quality of your performance may suffer. Your employer would then be justified in firing you.

Did your employer mention that you are being fired due to your disability?

Any comments about your disability while firing you may be taken as a sign that your employer was thinking about that first and not your performance.

If you suspect you were fired because of your health issue, you could be the victim of an unlawful termination.