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Can I get fired for medical reasons?

Cleveland, OH |

I was fired today. My EX boss called me in his office and said , How are you feeling? I responded, slightly better. He then said, "This isn't going to work out. I said, "What isn't going to work out?" He said, "Me working there." I asked him if it were because I took the past two days off due to medical reasoning ( have the documentation). His response was, "well yeah, I need you here everyday and due to your health problems, You won't be able to be here as I need you to be. He then said, You've missed enough as it is. I then interupted him and said I have only missed 3 days 2 were b/c of my health and I have 3 half days due to Dr appointments that I could not miss b/c I see a psychologist for depression. Etc. Is this legal? Do I have a case here?

4 days prior I spoke to the part owner (EX bosses wife)and told her on a personal level that I was diagnosed with depression on 3/2011. She then started to ask me if the job was too stressful I told her NO that I was on medication and everything was fine and the job did not affect me whatsoever. The day I was FIRED, Besides my medical condition (Which was not for depression) My EX boss also stated I think the drive here is too far for you. Mind you, Work was 9-4 M-->F I arrived daily 8a-4p. I opened the office daily and started my work at 8a (did not receive pay for it) I was always prompt and on time before the EX boss had ever arrived minus the 3 days I had Dr appointments in the AM and the 3 days I was absent. PLEASE HELP IF I HAVE A CASE

Attorney Answers 2


You need to consult an attorney. There are more details that we would need to know. Did you give your employer notice that you had to miss? What is the policy for sick days?

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I'm sorry to hear that you were fired. Claims for wrongful termination include: breach of an employment contract; retaliation for filing a workers' compensation claim; retaliation for complaints regarding overtime and payment of wages; violations of public policy; whistleblower protection under state and federal law; discrimination on the basis of age, race, sex, disability, pregnancy, sexual orientation, etc.; discrimination under ERISA or employee benefit plans. Search Avvo for an employment lawyer in your state if one of these applies to you. Good luck to you.

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