Terminated because of Lateness

[Not@Work]

What is the name of your state (only U.S. law)? Ohio Hi to all who may read this.I was terminated from my job after one and a half years of employment.I take medication for chronic depression and medication for anxiety and sleeplessness.Since being on the meds for anxiety and sleeplessness I have had several days of being late for work.NOT absent.I did have a three day suspension then was not allowed to miss or be late for a sixty day period.Well,I was late again,I think it may have been three times.One time was 20 minutes or so,the others were just by a few minutes.My manager knew I was on these meds and they were on file.She also knew how the anxiety meds affected me and my being able to wake up to be on time for work.I had talked to her about this on several occasions.It was not her doing that I was terminated.The company I worked for is all about hiring people with disabilities. (Goodwill Industries).Today I found out I was denied Unemployment Compensation.Do I have a chance if I appeal? If so,what would my claim be? Should I get a note from my doctor? Or am I wasting my time? Thanking you in advance.Chery

 

[commentator]

You always have the right to appeal when your unemployment claim is denied. All you need to send in is, "I wish to appeal this decision." You do not have to say why or present any evidence on the form where you request the hearing.

You will be scheduled a hearing. You can get a doctor's statement saying that you take these meds which may cause drowsiness. That said, you may also mention that on such and such occasion, you discussed this issue with your h.r. person, and asked for their tolerance of the situation.

So you can argue that your chronic lateness was due to your medication. Only problem is that if your medication was such that it prohibited you from being at work on time to the extent that it violated company policy, you were considered to be committing misconduct, even as it would have been misconduct if you had taken your meds and come to work too impaired to do your job.

You will keep certifying for weeks until the appeal and until you receive your decision after the hearing. If you win the decision, you would be back paid for each week you had filed for.

Frankly, you're just about out of luck in my opinion. Because allowing an employee to be late at will because their meds make them sleep hard is not a reasonable accomodation, even if you had requested such accomodation.

 

[cbg]

At what time did you formally request an accomodation under the ADA? It is NOT enough that they knew about your condition. It is incumbent upon you to formally identify yourself as disabled and make a request for an accomodation, NOT for the employer to offer one.

In the absence of an agreed-upon accomodation under the ADA, the employer is not required to accept behavior in a disabled employee that they would not accept in a non-disabled one. Consistant tardiness is a legitimate reason to fire someone. Since it appears that you were counseled for the tardiness and were aware of the consequences, I don't think much of your chances for unemployment. I'm not saying don't appeal; I'm saying don't count of prevailing.

 

[swalsh411]

And even if you did formally inform your employer of your disability and invoke ADA protection your employer is only required to make reasonable accommodations. In some situations, regularly reporting late to work is not reasonable.

 

[ecmst12]

5 minutes might be reasonable. 20-30 mins probably not.

 

[Zigner]

Honestly, I'm not buying it.
If your meds cause you to sleep 1/2 hour longer than you should, then you go to bed 1/2 hour earlier.

 

[mlane58]

OP, what is it you exactly do for Goodwill and where do you work (At Goodwill itself or a contract they hold?) my answer will depend entirely on how you answer.