Legal Question in Employment Law in Georgia
Loss of contract position due to illness
I was employed by a contracting agency to work a six month contract for a company with the option to be hired permanently after this period. Due to illness and a severe flare-up of a medical condition I was out on three occasions for a total of four days over a three month period. At no time was I counseled or warned that my missing work was of concern. I was not even asked to provide a doctor's note even though I offered. On the third time of calling in sick, I received a return call from my employer that the contracting company was releasing me. I was told that this had nothing to do with my work performance but that they felt that I was unreliable due to my illness. Can they do this?
1 Answer from Attorneys
Re: Loss of contract position due to illness
Well, first thing it depends on what your contract says. You need to have it reviewed. If I understand you correctly, you were terminated after about 3 months of a 6 month contract. They need to fit into an "out" under the contract.
Secondly, it may partially depend on the nature of your illness, whether it is a protected disability under the ADA, and whether they were aware of it's nature, whether you could do the job with or without a reasonable accomodation, and whether they fired you to discriminate against your disability (if that's what it is). Not all illnesses rise to the level of a "disability."
The long and the short of it, this needs more exanation. If interested in investigating further, e-mail me at [email protected], and I will provide you with a fax number to send the contract, and a phone number to contact me to discuss the overall situation.
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