In April 2014 I was let go from my employer during the last week of my 30 day beginning period. I had became ill and had to call into work & had to go to the hospital. I was diagnosed with gull bladder disease and have gull bladder problems that run in my family. My manager let me go without even looking at the documentation from the hospital. 2 days before this incident I left early due to throwing up. I worked with the general public at a cash register and did not know if I was sick or if I would make anyone else sick. If I have a medical condition is it ok that the employer terminated me or could I take this matter to court? I'm not exactly sure what rights I have, however I have been told to talk the matter to an attorney. Please help!!
This question is posted in the immigration practice area, which appears to be a mistake. I have tried to re-tag it, but if that does not work, you may wish to repost it under wrongful termination or employment law.
Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.
Generally, you are an at-will employee in most states. However, if you believe you were terminated because of a disability, you may have a disability discrimination case. I do not know if you illness qualifies for a disability without additional research. However, the important thing is that federal law only gives you a certain time to file a charge of discrimination. You have 180 days to file a charge. Your state agency is the Department of Civil Rights at Michigan.Gov. If you have only 180 days to file the charge, your time for doing so may have already lapsed, since you state you were let go in April. You need to immediately contact an Employment/Discrimination attorney in your area.
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Although individuals suffering from disabilities are protected under both Michigan and Federal law, implicit under both statutes is the fact that the medical condition does not interfere with your ability to do your job. Thus, if you are unable to work as a result of your medical condition then you do not have a recognized 'disability'. For example a medical condition such as nearsightedness, may be considered a disability if with the use of glasses you can still perform the essential functions of your job as a cashier. However, if you were a jet pilot suffering from nearsightedness and use of corrective aide (glasses) was not permitted, then you would not have a 'disability'. Based upon what you have indicated, I do not think you would have a disability or a disability lawsuit.
Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.
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