Legal Question in Employment Law in Illinois

Fired in hospital after disclosing serious illness

I was fired from my job while hospitalized after disclosing a serious illness to my employer. I disclosed the illness in good faith and requested some reasonable accommodations (access to restrooms and occasional time for doctors' appts. over lunch breaks or close to the end of the work day). They agreed to work with me on these things. The hospitalization was an emergency and completely unexpected. When I was fired, they cited ''unavailability,'' yet the only reason I was unavailable was because I was hospitalized. At the time, I had available sick time and had not exceeded that allotment. The company is ''at-will,'' but also states it is an equal opportunity employer. They have more than 35 employees. My illness can be considered a disability and I have extensive medical records for reference. I was there less than 45 days and feel I wasn't given the chance to do the job with the minor accommodations I asked for. I had no negative performance issues. Am I protected by ADA laws or have any right to ask for a settlement of some kind? This has put severe financial strain on my household.


Asked on 12/22/06, 10:23 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Fired in hospital after disclosing serious illness

Hello. In my opinion you certainly

have an ADA claim. Also the company

is guilty of wrongful discharge. The

law was definitely violated when your

job fired you because of your ill-ness. This is an illegal act on the part of your company. This will be a legal fight, but it will be worth it because you have been severely viola-ted and have suffered damages. Will be happy to discuss this with you further.

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Answered on 12/23/06, 4:07 am


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