Terminated because of sick time/Illness

I WAS RECENTLY TERMINATED DUE TO AN ILLNESS/SICK TIME ABUSE THAT DID KEEP ME IN AND OUT OF WORK. I WAS EMPLOYED AT THE SAME PLACE FOR ABOUT 4 YEARS AND FOR THE LAST 3 I HAVE SUFFERED FROM TINNITUS/MENIERE'S (CHRONIC RINGING IN THE EAR/DIZZINESS). MY WORK AS AN INSTALLER DID NOT SUFFER, I MANAGED TO WORK WITH THE PROBLEMS, ALTHOUGH SOME DAYS WERE NOT AS GOOD AS OTHERS BUT MISSING WORK ON AND OFF KIND OF MADE SCHEDULING A LITTLE ROUGH, ACCORDING TO MY FORMER EMPLOYER. DOES THIS FALL INTO WRONGFUL TERMINATION IN ANY WAY? OR DISCIMINATION DUE TO BEING FIRED BECAUSE OF A MEDICAL CONDITION?

As a California employment law attorney I have represented only the employees such as you. Based on what you have said, and given my tendency to vote for the employee, I would have to say that in this instance I would say that the employer's termination was lawful. The reason is that they had worked with your problems for 3 years, which seems to me to be making a reasonable accommodation. Whether they legally should have done more, I am not sure. You should certainly speak with an employment law attorney near you about the matter. You can find one at attorneypages

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Mark B. Replogle

[This message has been edited by Attorney_Replogle (edited March 11, 2000).]