Legal Question in Disability Law in Florida
Almost Wrongful Termination
My son was hired by a temp service and went to work in a call center environment for Sprint. In his paperwork for the temp service he indicated he had a medical condition - epilepsy. He was subsequently hired by the temp service and assigned to work in the Sprint call center. His performance statistics were steller and he was considered next to be hired by Sprint. One day he had a ''breakthrough'' seizure at work that caused him to only fall out of his chair. That week (a Tuesaday) he received a voice message at home (@5pm - and he worked unti 6:30pm) telling him not to report to work the next day. Then the very next day another voice message telling him that his assignment may not be over, but they needed some info. When he called the temp service they told him it was related to his seizure and they Sprint need a letter from his doctor specifying he had been diagnosed with epilepsy and was not a drug addict or alcohol abuser. Apparently they didn't believe him! This seems like prejudicial or descriminatory behavior. Is it and would there be any recourse?
1 Answer from Attorneys
Re: Almost Wrongful Termination
The employer is allowed to seek medical certification that the employee can work safely. This angle about drug use is a bit odd and might be the basis for a legal claim (it's not a particularly good claim, especially if your son has not suffered damages beyond a few days lost pay), but I do not think that is in your son's best interest. If he was excelling at the job and enjoys it (or otherwise does not want to lose it), it would be better to get the certification, let the employer know that there is a medical condition which might cause seizures but is generally controlled by meds, and move on.
There is no need to specify the disease, but it is probably best to be on record with it. Then, if your son is mistreated later, the companies cannot feign ignorance.
Along those lines, if Sprint or the temp agency fires him, then he should consider filing a disability discrimination claim with the EEOC against both.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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