can a job fire you if you have medical issues

7 Comments

1. KatFebruary 9,2023 at 3:32PM UTC

   Most likely yes. If you're in an "at will" work state (which is most of them), you can be fired at any time with out reason given, especially if you're in a probationary period of employment. However, if you have a medical issue that is covered by the ADA (certain disabilitites) or are on FMLA for those issues, then probably not. Without knowing specifics of your medical issue or the nature of your job, company structure & HR policies, I can't give you anything more than very general info. If you've been fired, apply for unemployment and go from there. If you think you've got a case for discrimination/wrongful termination, consult a lawyer or your state's labor laws.

2. AnonymousFebruary 11,2023 at 2:36PM UTC

   In reality, I’ve seen people who were accommodated for medical issues and I’ve seen people managed out. Depends on the individual and organization. Do I think it’s right? No, but it happens. And I’ve seen women who were pregnant or on leave downsized without repercussions ; the company managed it as a mass action and not individual action.

3. AnonymousFebruary 11,2023 at 8:45PM UTC

   It depends. Your question is too general.

   ADA only protects you if you require REASONABLE accommodations to do your job. It doesn't protect you if you need to take off more than a reasonable (FMLA) amount of time, or if you can't fulfill your core job functions even with a reasonable amount of help.

   It also doesn't protect you from being fired for cause for the usual reasons.

4. Danny LaneFebruary 12,2023 at 7:38AM UTC

   they can, I was fired

5. AnonymousFebruary 12,2023 at 6:02PM UTC

   Yes, absolutely. The ADA doesn’t protect you from all termination, only discriminatory termination. Proving that the reason you were terminated is unlawful is almost impossible, so if you’re thinking that termination is coming but hasn’t happened yet, start documenting.

6. AnonymousFebruary 12,2023 at 6:25PM UTC

   Yes they can, perhaps share more about your specific situation with the audience here (confidentially of course) as that may more granularly help you sort this out.

7. AnonymousFebruary 13,2023 at 12:11PM UTC

   Sadly, the answer very often is yes. While discriminatory job action is prohibited by law, the burden falls on the aggrieved employee to prove that the termination was not at-will but rather for a reason that violated the anti-discrimination laws. If you were highly paid enough previously to have the funds for a good attorney, or if you can find one that will work with you pro-bono, you might be in luck. Unfortunately, even then, it's up to the judge to interpret the law, which can be...interesting in some jurisdictions.

   I'm so sorry for what you are going through. I'm disabled but still very much in the workforce, and I've had similar actions happen to me more often than I can count. Some dismissals were for the best, honestly, but it all hurt — and I won't even go into the financial consequences. I hope you find a good company that gives you the accommodations you need to thrive and show them what you can really do.