Legal Question in Employment Law in California
My boyfriend has just been fired from his job after four months.The reason given was for consistent lateness.However there was a reason for this.He is on prescription medication for anti depressants which he takes before he goes to bed each night to help him sleep and to get him through the day.The only problem is that the medication knocks him out so he finds it extremely difficult to wake up in the morning.I sometimes have to call him on the phone 3 or 4 times in the morning to wake him up.His employer was made aware of this problem.The day after he was fired he got a letter from his doctor explaining the situation which he presented to his former employer.They claim that he never disclosed to them that he was on medication which is not true.There response was that it was too late now and he would not be getting his job back.My question is,is he eligible to file an unfair dismissal claim against his former employer? Under the disability act isn't it illegal for an employer to fire an employee who is suffering from an illness or condition?In this case depression.
1 Answer from Attorneys
You are correct, it is illegal to discriminate against an employee due to their disability. But a key defense to such claims is that the employer was unaware of the disability. Once made aware, the employer has an obligation to engage in, what we call, an interactive process, to work with the employee to see if they can reasonably accommodate the employee's disability to allow him to perform his job, with undue harm to the company.
These are very fact specific cases and the evidence will have to be evaluated to determine if your boyfriend can prove his allegations. If this is something he wishes to pursue, he should consult with an experienced employment law attorney in his area.
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