I had to take time off (temp. disability) twice during my employment with this firm and when I informed them that I would more than likely have to take additional time off they fired me for "sleeping on the job" and "not performing my duties as my manager requests'. Is that wrongful termination or discrimination? At one point they made me provide them a list of all medications I took and a note from my Dr. stating I was 'okay to work full duties" at my present job. Is this harassment also?
Without a thorough review of the case, it doesn't sound like anything wrong.
It sounds like they asked for medical records to see if any accommodations were necessary, not because they wanted to harass you.
Firing you because of a side effect of medication (drowsiness) is not discrimination if you are not placed on any kind of restriction or accommodation by your doctor. Lack of accommodations means you can perform the functions of your job. If you aren't doing so, you can be fired, even if you are in medication.
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An employer has a duty to interactively work with you to see if there is a way that you can do the essential functions of your job even though you have restrictions, either physical or emotional. If your doctor cleared you to work without restriction, the employer would have had no duty to accommodate you because you had nothing to accommodate.
Asking you to provide the employer with a list of the medications you were taking was a violation of your medical privacy rights. Forcing you to get a note from your doctor indicating you have no restrictions is wrongful if the alternative was terminating you. Otherwise, it is fully acceptable for an employer to ask you to get a doctor's note indicating whether you are fit to perform your regular duties.
If your doctor gave you the requested note, however, the employer was taken off the hook but for its request for your meds. The question then becomes whether that violation alone is worth a lawsuit.
It would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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It sounds like there are addit o nap facts here that warrant some investigation. You should have your potential case evaluation by a local employment law attorney.
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If the employer fired you because of your disability, it would be discrimination. The question is whether you could have done the job with reasonable accommodation. If so, you have a case.
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