Is this a Disability discrimination case

[LegalUser]

What is the name of your state? FL

Hi,

I have Insulin Depended Diabetes and worked (till today) as IT Manager. Employer is aware of my health situation.
On Friday, I had to miss my lunch due to the 3rt party support Techs beeing extremely late to arrive on site and I had to be there to meet them. I tried my best to compensate (on my Diabetes side), but, unfortunatelly, my sugar got screwed up and I felt phisically terrible. I did my best to hold till 5:00pm, but the Techs still had to do the work and stay longer. So, practically what I said: here is my cell phone#, if you need my help give me a buzz, I need to get home and take care of my situation, If needed I will be back in an hour. Well, during that hour, tech had some questions and instead of calling me he started asking my boss (well boss had no clue what's going on or answers on the questions). Anyway, after boss called my cell to contact me, I tried to explain the situation and said I will be there shortly, but the answer was - "I am irresponsible and they don't need me there".

Question.
1) Can I file a wrongfull Termination?
2) Do I have a case under Disability act.

Thank you,

 

[cbg]

Based on the information in your post, the answer to both your questions is, no. It is possible that additional information might change the answer.

 

[LegalUser]

Well, more information I can give is to say that the next day (Saturday) I arrived to do maintenance work on the servers, but the locks in the facility were changed, the 3rd party consulting firm was there assessing the network, and saying by the way, that technically I did a good job, but owner of the company was already determine to let me go.
Only other thing I can add is that in the last month or so, I had an increased pressure from his side, feeling (and actually documenting as well) that he is just looking for a reason to fire me. I tried to be cautious, but unfortunately, my medical condition is something that I can not play with.

Don't know if this additional info will help. Thanks.

 

[cbg]

Nothing in the additional information you provided gives you a legal course of action.

You would need to show that someone else, who is a similarly situated employee but who does not have a medical condition and who also left without permission (which is what I assume was the basis for your termination) was NOT fired.

Contrary to what the general public appears to believe, the employer is NOT required to accept behavior in a disabled employee (and that is assuming that your condition qualifies you for ADA protection, which is not yet established although it seems likely) that they would not accept in a non-disabled employee. If they would have fired a non-disabled employee in the same situation, they can fire you.

 

[LegalUser]

Cbg, you brought good points and I agree that employer should not 'accept' this or that behavior in a disabled employee if it against the rules or company policy. However, employer should accommodate a disabled employee to perform the duty, like little extended lunch time or extra break to take an insulin shot and such (the same way as for example, disability is accommodated by employer installing wider doors for wheelchair and handle bars in toilet rooms).
So, in this case, I was not accommodated in any way to be able to take care of my condition so I could continue to work without putting myself in danger (danger - meaning, falling into coma or having sugar lvl dangerously high).

 

[cbg]

Okay, let's go at this another way.

Did the store refuse to allow you to go to lunch until the techs got there?

If so, did you remind them that as a diabetic you are required to eat at regular intervals?

Did you ask permission to leave or did you just announce that you were going?

If you just announced that you were going, did you explain why?

Has this EVER happened before?