Question by J: Can I file a lawsuit under ADA?
I was fired a few months ago. In my termination letter, under the heading of “Misconduct” was listed “functional impairment”. My employer told me he had several witnesses who saw me go unresponsive/semi-unconscious with eyes rolling back into my head. They witnessed bouts of poor balance and one person claimed I slobbered my pizza all over my shirt. (I am not kidding.) There was no allegation of illegal substance abuse. My employer acknowledged I was either ill or was suffering, perhaps, from the side effects of legal meds. I was under the treatment of a physician for what the physician labeled work-related burn-out – exhaustion, insomnia, anxiety. These people who witnessed me zone out never told me what they saw, never called for medical help when it supposedly happened, and didn’t even alert my wife who they know and works literally down the hall. In fact, I didn’t know about these episodes until it came up in my termination meeting. My former boss acknowledges I had health problems and has never really explained why he would have listed my health under “misconduct”. He did not claim my health was getting in the way of my job performance. The couple of other items in my termination letter were very minor. I have had a spotless employment record for 25 years in my profession. I was utterly shocked. Does it sound like I might have grounds for an ADA lawsuit? I have never heard of listing one’s health problems as “misconduct” in a termination when no claim has been made that their health interfered with his/her job. How can legitimate health problems be misconduct. Finally, he said I lied by not acknowledging these episodes. I literally had no idea these episodes ever happened, if they really did.
Best answer:
Answer by whitefangz1
First, you need your doctor to confirm that your behavior was caused by a medical condition or lawful medication. If you ultimately have a valid medical condition that caused such behavior, and if this behavior was the proximate cause of your termination and your employer knew that it was a medical condition, then you would have a case.
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