Legal Question in Employment Law in Georgia
narcolepsy
I have recently been diagnosed with narcolepsy. This disorder has caused me to be labelled as habitually tardy by my employer. I have been warned that if I am late 6 more times this year, I will be terminated. They had me sign a letter they drew up stating so in order to continue my employment at this time. I signed it but, honestly, I cannot guarantee that to anyone because I have no control over if/when I will wake in the mornings. I've already been late once. If I am late 5 more time I will be terminated and being a single mom, I can't afford to lose my job. I am making a conscience effort to be at work on time everyday but as I stated above, I really can't guarantee anything. I am also being targeted in other areas such as certain tasks that contribute to my daytime sleepiness. I have requested those tasks to not be expected of me but their response was they couldn't treat me any differently than the other employees who do the same task. They seem to be more concerned with the rights of the other employees than my rights as an employee with a disability.
My question is: Can my employer terminate me based on a sympton brought on by my narcolepsy?
1 Answer from Attorneys
Re: narcolepsy
In short (and without knowing all the facts), if you are an "at-will" employee, i.e. you have no agreed upon term of employment, you can be terminated for no reason. However, you cannot be fired for a discriminatory reason, which would be a violation of your civil rights. If you would like to discuss any issues further, please feel free to contact my office. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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