Legal Question in Disability Law in Massachusetts
Cronic illness hirts job can you be fired?
I have been diagnosed diabetic for 4 years and clinically depressed for 2. My job performance suffered due to these illnesses. Are they considered disabilities? I was recently fired due to my "performance". Should I have been allowed to recover instead of being fired? There is a great deal more detail but it does not fit here. This is a huge global company, not a mom and pop.
1 Answer from Attorneys
Re: Cronic illness hirts job can you be fired?
A few months ago, a handicapped discrimination
suit based on diabetes was decided against the
interest of the plaintiff. Diabetes is one of
those illnesses where the majority of people do
work "normal" hours and are able to perform
THE ESSENTIAL FUNCTIONS OF THEIR JOB WITHOUT
ANY SPECIAL ACCOMMODATION.
As far as your clinical depression goes. That
is such a fact intensive handicap that no
attorney would dare even speculate in this forum
as to whether you would have success suing your employer based on your clinical depression.
The best thing is to go to a competent attorney and ask.
There are many competent employment attys in
Massachusetts: Rudavsky, Messing, Powers,
Golden, Schwartz, and dozens more.
Call the Massachusetts chapter of NELA
(the National Employment Lawyers Association).
Perhaps they will refer you to one or more attys.
Good luck.
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane