Legal Question in Employment Law in Wisconsin

Firing with Medical Issues

I have recently been fired due to poor performance at work. However, this reduced performance was due to an illness that I had not disclosed to my employer until the day of my termination. I have been seeking medical treatment prior to dismissal and now. I would like to know if the firing is justified. Is there any justification for the firing or should I have been given a medical leave of absence? Can letters from physicians, etc. who are seeing me now and who have seen me while I was still employed help my situation. I also am hesitant to start any legal action, since, if I lose, it may jeopardize my unemployment claims.

Please email me if you would like further information.

Your reply is greatly appreciated.

Regards,

Steve


Asked on 12/18/05, 2:32 pm

1 Answer from Attorneys

Nilesh Patel Mahadev Law Group, LLC

Re: Firing with Medical Issues

Your employer should definitely take your medical issues into account, especially if they contributed to your poor performance. I'm not saying you wouldn't have still been fired but the employer has an obligation to consider the medical reasons why you might have been absent or have failed to do your work properly.

If you would like to discuss the matter further, please contact me via email.

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Answered on 12/18/05, 3:42 pm


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