Legal Question in Employment Law in Ohio

I have just been diagnosed with narcolepsy. I believe it is protected under the ADA. One of my major clients was disappointed by my performance, which led me to be tested to see if there was any biological or 'reason' why my perfomace has slipped. I would prefer to not tell my employer of my condition, find a treatment, and get on with work. My questions are: 1) what rights do I have 2) If I am terminated because of poor performance, when looking for a new job what/how should I tell prospective employers my reason for termination was a medical condition.

Thanks,

Steve


Asked on 8/11/10, 6:11 pm

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

If your employer is not on notice that you have a disability, you have no ADA rights or protection. They need to know and act within the law. (How can they act legally if they do not know what the issues are?) If they don't, THEN you may have some legal recourse.

As for telling your new employer, there is nothing legally that really governs this situation. You must convince them that you would be a good employee and an asset to the company and hope they do not hold the termination against you.

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Answered on 8/19/10, 5:00 pm


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