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Can I Be Legally Terminated for Health Related Issues?

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sinus_probs

Junior Member
What is the name of your state? OH

Today I was suspended from work pending receiving treatment by a doctor. I have an ongoing problem with sinusitis and post-nasal drip due to allergies. I have mentioned it in the past to two of my doctors and their general response was, "Well, if you're not having trouble breathing and OTC meds generally work, I don't recommend any special treatment." Well, my sinus problems 'cause me to cough a lot and to clear by sinuses quite frequently; often, I don't even know that I am doing it.

Co-workers have (not so obviously) been complaining about it and bothered by it. They have never said anything to me. They went to my boss to whom I reported what I said above. They also went to the head of HR and complained, thus I was suspended today and given an employee warning that I could not return to work without a doctor's release that I was receiving treatment and that I could use FMLA for whatever time off I would need.

The exact wording was something along the lines of my problem creating a "distraction in the workplace" and creating "health concerns" for my co-workers and a "less productive" work environment. It was stated that if I returned to work with the condition untreated or uncontrolled even after seeing a doctor that additional counseling would be needed, additional action would be taken, up to and including termination.

Is this legal?
 


cbg

I'm a Northern Girl
Somehow or other, a great many people have gotten it into their head that you cannot be fired for anything that even remotely relates to medical. Unfortunately, that's not true.

Your doctor does not appear to believe that this is a condition for which you need any special treatment; thus it is very unlikely that you would qualify for protection under the ADA. A condition that can be controlled by OTC medication is not going to meet the qualifications of "limiting a major life function" except possibly in California, where the definitilon is slightly more liberal.

They have told you that if you need time off, you can have it, with job protection in the form of FMLA.

It IS legal for them to require you to provide proof that you are under treatment for a condition that appears to be disrupting the workplace.

So yes, it would seem that everything they have done is legal.
 

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