Terminated due to health issues

[GLives52]

Hello; Last November 11th, 2013 I was terminated from my job. The company wanted me to visit my Dr and bring back a letter stating my health problems that affect my job duties. I brought back his note on the 11th of Nov., and shortly there after I was told to go home. After a few hours waiting (about 2 ) I received a phone call from the HR Manager telling me I was terminated. My health issues are, arthritis in my lower back, as well as my left knee. I also have scoliosis in my back and I have shortness of breath, which I need more testing done to see if this is asthma? My job duties were of a janitor, which included cleaning the break room, restrooms, and other such duties. Is this legal? Also noted, the company manager also has his wife there working, and even though she was not my direct supervisor she was constantly harassing me at work. I complained to the HR Manager, but she resides in Louisiana, and once I sent her the email to complain about the issue of a "husband and wife team", that is when they wanted me get a Dr.'s note and terminate me. I do have notes that I wrote concerning the treatment I received from the company.

 

[army judge]

You might want to discuss this with a couple of local lawyers.
Your one mistake was in sending that email, but I don't want to beat up on you.
I'm sorry to hear how you were treated.
I can't say with certainty, but ordering you to provide YOUR medical information might have been their undoing.
See a couple local lawyers, discuss it with them, who knows- they might give you some encouraging news.
You can't do anything alone, so start with the lawyers.
You might have some assistance with a state or federal agency, so others might come align with better news.
I'm reluctant to say, so lets see what my colleagues say. Good luck, I wish you better health.

 

[cbg]

I have a few questions, and the answers have a direct bearing on whether or not what happened to you is legal.

1.) How long have you worked for this employer?]
2.) How many employees does this employee have within 75 miles of your location? If you don't know the exact number, over or under 50 will do
3.) How much time, if any, have you missed in the last 12 months due to any medical conditions?
4.) Has your medical condition affected your work performance?

 

[Betty3]

Is this a full time job as opposed to part time? Did you work for your employer at least 1,250 hours in the 12 months let's say immediately preceding your termination? Thanks.

or did you happen to be on leave for a medical condition(s) - if so, how long & did you work at least 1,250 hrs. in the 12 months immediately preceding the leave?

 

[ElleMD]

There is no problem with asking for medical verification that you either are or are not able to perform your duties. That is actually what employers are supposed to do when confronted with these situations. Making their own judgments as to whether or not there is a medical situation impactin gyour ability to perform the duties is where it gets problematic. By seeking the opinion of your doctor, they are no longer guessing.

Unless your duties as a janitor are very unique, I don't see that there would be any reasonable accommodation which would have allowed you to safely continue working.

You don't state on what basis you were harassed or if you made it clear to HR why the harassment was taking place. It wa not any of your business if they did allow a husband and wife to work together and criticizing the company for that could be a career limiting move. If the harassment was based on a legally protected characteristic and it was reported as such to HR, then that act could be protected. It wouldn't save you in the event that you were no longer able to safely perform your job, just that you could not be terminated solely for having reported illegal harassment.

 

[matthewwilson]

Legal Advice from solicitors

I think you take advice from solicitors which is expert in this.