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Unlawful Release of Employee??

 
 
gespaco
 
Reply Fri 29 Aug, 2003 02:40 pm
Last August, I was released from my place of employment on the grounds of being tardy too many times. Well, roughly 3 months prior to this happening, I went to my superior (the owner of the company) and told him of a medical problem I was having, Manic Depression. He had told me that he was getting the paperwork together for my health insurance at that time and that I could go see a doctor to try and get on some medication for it. The reason I talked to him about this was because I saw my tardiness becoming a problem myself so I went straight to him with it.

About a month later the paperwork was complete and I had my insurance, but I was being forced to work long hours (10-12 hours per day) six days a week (Monday-Saturday) because we were preparing for our cross country taveling to trade shows to pitch our services and products, and I was GM of the corporation so I headed every department. This continued from that time all the way up until my release, leaving me no time whatsoever to make my much needed, and known about, appointment with a doctor.

Now my question...I heard somewhere that it was illegal for an employer to fire an employee for reasons based upon a health issue if the employee approaches them with the problem. Is this true? And based upon the small bit I told you here, could you tell me if I would have any kind of a case against my former employer?

Thank you in advance for reading this and any help you may be able to give me.

Will
Clinton Twp., MI
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fishin
 
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Reply Fri 29 Aug, 2003 03:13 pm
Re: Unlawful Release of Employee??
gespaco wrote:
Now my question...I heard somewhere that it was illegal for an employer to fire an employee for reasons based upon a health issue if the employee approaches them with the problem. Is this true? And based upon the small bit I told you here, could you tell me if I would have any kind of a case against my former employer?



I don't think it's that simple but there are some protections under the Americans with Disabilities Act. You'd have to talk with a lawyer specializing in MI Labor Law about your case to see if your depression is one of the medical conditions covered though as well as whether of not the ADA even applies to your former employeror if there are any state laws that may apply.

I'd think you'd also have to demonstrate the the manic depression was directly contributing to your repeated tardiness and that your former employer's failure to accomodate the tardiness was "unreasonable".
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