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Terminated due to medical condition -- legal?

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curiousdaughter

Guest
What is the name of your state? WY

My mother recently worked as a dental assistant for a private practice. Three weeks ago she had a dizzy spell at work and was told by her boss (the Dentist) that she could go home for the day. She ended up falling in the parking lot and had to go to the emergency room. She is doing better. Yesterday, her boss called her and said that he was going to let her go because he didn't want to be held liable if something like that happened again. He didn't give any other reason for her termination. Is this legal? It sounds like discrimination to me.

Thanks.
 


Beth3

Senior Member
1. How long has your mother worked there?
2. How many people work for this practice in total?
 
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curiousdaughter

Guest
She has worked there for 2.5 years, and there were four employees as of yesterday -- the dentist, my mother, a secretary, and the dentist's wife who worked part-time as needed.
 

Beth3

Senior Member
Then I'm afraid your mother is out of luck. This business is so small they're exempt from any laws that would have required them to extend your mother medical leave time and from all discrimination laws (although it hasn't been established that this is prohibited discrimination which, based solely on your post, it's not.) The dentist was free to discharge your mother if he had concerns about her dizzy spells. Sorry.
 

cbg

I'm a Northern Girl
Technically, WY state law allows for a discrimination claim for businesses of two or more employees.

However, according to my source, WY state law does NOT protect disabilities, either physical or mental. Besides which, it has not been definitely established that your mother's dizzy spells would qualify as a disability.

So even though the size of the business would qualify for a state claim, there's no protected group to claim under.
 

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